(i) "Agreement" means the Madrid Agreement Concerning the International
Registration of Marks of April 14, 1891, as revised at Stockholm
on July 14, 1967, and amended on September 28, 1979;

(ii) "Protocol" means the Protocol Relating to the Madrid Agreement
Concerning the International Registration of Marks, adopted at Madrid on
June 27, 1989;

(iii) "Contracting Party" means any country party to the Agreement or any
State or intergovernmental organization party to the Protocol;

(iv) "Contracting State" means a Contracting Party that is a State;

(v) "Contracting Organization" means a Contracting Party that is an
intergovernmental organization;

(vi) "international registration" means the registration of a mark
effected under the Agreement or the Protocol or both, as the case may
be;

(vii) "international application" means an application for international
registration filed under the Agreement or the Protocol or both, as the case
may be;

(viii) "international application governed exclusively by the Agreement"
means an international application whose Office of origin is the Office

of a State bound by the Agreement but not by the Protocol, or

of a State bound by both the Agreement and the Protocol, where only
States are designated in the international application and all the
designated States are bound by the Agreement but not by the Protocol;

(ix) "international application governed exclusively by the Protocol"
means an international application whose Office of origin is the Office

of a State bound by the Protocol but not by the Agreement, or

of a Contracting Organization, or

of a State bound by both the Agreement and the Protocol where the
international application does not contain the designation of any State
bound by the Agreement but not by the Protocol;

(x) "international application governed by both the Agreement and the
Protocol" means an international application whose Office of origin is the
Office of a State bound by both the Agreement and the Protocol and which is
based on a registration and contains the designations

of at least one State bound by the Agreement but not by the Protocol,
and

of at least one State bound by the Protocol whether or not that State
is also bound by the Agreement or of at least one Contracting
Organization;

(xi) "applicant" means the natural person or legal entity in whose name
the international application is filed;

(xii) "legal entity" means a corporation, association or other group or
organization which, under the law applicable to it, is capable of acquiring
rights, assuming obligations and suing or being sued in a court of law;

(xiii) "basic application" means the application for the registration of
a mark that has been filed with the Office of a Contracting Party and that
constitutes the basis for the international application for the registration
of that mark;

(xiv) "basic registration" means the registration of a mark that has been
effected by the Office of a Contracting Party and that constitutes the basis
for the international application for the registration of that mark;

(xv) "designation" means the request for extension of protection
("territorial extension") under Article 3ter(1) or (2) of
the Agreement or under Article 3ter(1) or (2) of the
Protocol, as the case may be; it also means such extension as recorded in
the International Register;

(xvi) "designated Contracting Party" means a Contracting Party for
which the extension of protection ("territorial extension") has been
requested under Article 3ter(1) or (2) of the Agreement
or under Article 3ter(1) or (2) of the Protocol, as the
case may be, or in respect of which such extension has been recorded in the
International Register;

(xvii) "Contracting Party designated under the Agreement" means a
Contracting Party for which the extension of protection ("territorial
extension") has been requested under Article 3ter(1)
or (2) of the Agreement;

(xviii) "Contracting Party designated under the Protocol" means a
Contracting Party for which the extension of protection ("territorial
extension") has been requested under Article 3ter(1)
or (2) of the Protocol;

(xix) "notification of provisional refusal" means a declaration by the
Office of a designated Contracting Party, in accordance with
Article 5(1) of the Agreement or Article 5(1) of the Protocol;

(xixbis) "invalidation" means a decision by the competent
authority (whether administrative or judicial) of a designated Contracting
Party revoking or cancelling the effects, in the territory of that
Contracting Party, of an international registration with regard to all or
some of the goods or services covered by the designation of the said
Contracting Party;

(xx) "Gazette" means the periodical gazette referred to in
Rule 32;

(xxi) "holder" means the natural person or legal entity in whose name the
international registration is recorded in the International Register;

(xxii) "International Classification of Figurative Elements" means
the Classification established by the Vienna Agreement Establishing an
International Classification of the Figurative Elements of Marks of
June 12, 1973;

(xxiii) "International Classification of Goods and Services" means the
Classification established by the Nice Agreement Concerning the
International Classification of Goods and Services for the Purposes of the
Registration of Marks of June 15, 1957, as revised at Stockholm on
July 14, 1967, and at Geneva on May 13, 1977;

(xxiv) "International Register" means the official collection of data
concerning international registrations maintained by the International
Bureau, which data the Agreement, the Protocol or the Regulations require or
permit to be recorded, irrespective of the medium in which such data are
stored;

(xxv) "Office" means the Office of a Contracting Party in charge of the
registration of marks, or the common Office referred to in
Article 9quater of the Agreement or
Article 9quater of the Protocol, or both, as the case may
be;

(xxvi) "Office of origin" means the Office of the country of origin
defined in Article 1(3) of the Agreement or the Office of origin
defined in Article 2(2) of the Protocol, or both, as the case may
be;

(xxvibis) "Contracting Party of the holder" means

the Contracting Party whose Office is the Office of origin, or

where a change of ownership has been recorded or in the case of State
succession, the Contracting Party, or one of the Contracting Parties, in
respect of which the holder fulfills the conditions, under
Articles 1(2) and 2 of the Agreement or under Article 2 of
the Protocol, to be the holder of an international registration;

(xxvii) "official form" means a form established by the International
Bureau or any form having the same contents and format;

(xxviii) "prescribed fee" means the applicable fee set out in the
Schedule of Fees;

(xxix) "Director General" means the Director General of the World
Intellectual Property Organization;

(xxx) "International Bureau" means the International Bureau of the World
Intellectual Property Organization.

Rule 1bisDesignations Governed by the Agreement and Designations
Governed by the Protocol

(1) [General Principle and Exceptions] The designation of a
Contracting Party shall be governed by the Agreement or by the Protocol
depending on whether the Contracting Party has been designated under the
Agreement or under the Protocol. However,

(i) where, with regard to a given international registration, the
Agreement ceases to be applicable in the relations between the Contracting
Party of the holder and a Contracting Party whose designation is governed by
the Agreement, the designation of the latter shall become governed by the
Protocol as of the date on which the Agreement so ceases to be applicable,
insofar as, on that date, both the Contracting Party of the holder and the
designated Contracting Party are parties to the Protocol, and

(ii) where, with regard to a given international registration, the
Protocol ceases to be applicable in the relations between the Contracting
Party of the holder and a Contracting Party whose designation is governed by
the Protocol, the designation of the latter shall become governed by the
Agreement as of the date on which the Protocol so ceases to be applicable,
insofar as, on that date, both the Contracting Party of the holder and the
designated Contracting Party are parties to the
Agreement.

(2) [Recording] The international Bureau shall record in the
International Register an indication of the treaty governing each
designation.

Rule 2
Communication with
the International Bureau

Communications addressed to the International Bureau shall be effected as
specified in the Administrative Instructions.

Rule 3
Representation Before
the International Bureau

(1) [Representative; Number of Representatives]

(a) The applicant or the holder may have a representative before the
International Bureau.

(b) The applicant or the holder may have one representative only. Where the
appointment indicates several representatives, only the one indicated first
shall be considered to be a representative and be recorded as such.

(c) Where a partnership or firm composed of attorneys or patent or
trademark agents has been indicated as representative to the International
Bureau, it shall be regarded as one representative.

(2) [Appointment of the Representative]

(a) The appointment of a representative may be made in the international
application, or in a subsequent designation or a request under
Rule 25.

(b) The appointment of a representative may also be made in a separate
communication which may relate to one or more specified international
applications or international registrations of the same applicant or holder.
The said communication shall be presented to the International Bureau

(i) by the applicant, the holder or the appointed representative, or

(ii) by the Office of the Contracting Party of the
holder.

The communication shall be signed by the applicant or the holder, or by the
Office through which it was presented.

(3) [Irregular Appointment]

(a) Where the International Bureau considers that the appointment of a
representative under paragraph (2) is irregular, it shall notify
accordingly the applicant or holder, the purported representative and, if the
sender or transmitter is an Office, that Office.

(b) As long as the relevant requirements under paragraph (2) are not
complied with, the International Bureau shall send all relevant communications
to the applicant or holder himself.

(4) [Recording and Notification of Appointment of a Representative;
Effective Date of Appointment]

(a) Where the International Bureau finds that the appointment of a
representative complies with the applicable requirements, it shall record the
fact that the applicant or holder has a representative, as well as the name
and address of the representative, in the International Register. In such a
case, the effective date of the appointment shall be the date on which the
International Bureau received the international application, subsequent
designation, request or separate communication in which the representative is
appointed.

(b) The International Bureau shall notify the recording referred to in
subparagraph (a) to both the applicant or holder and the representative.
Where the appointment was made in a separate communication presented through
an Office, the International Bureau shall also notify the recording to that
Office.

(5) [Effect of Appointment of a Representative]

(a) Except where these Regulations expressly provide otherwise, the
signature of a representative recorded under paragraph (4)(a) shall
replace the signature of the applicant or holder.

(b) Except where these Regulations expressly require that an invitation,
notification or other communication be addressed to both the applicant or
holder and the representative, the International Bureau shall address to the
representative recorded under paragraph (4)(a) any invitation,
notification or other communication which, in the absence of a representative,
would have to be sent to the applicant or holder; any invitation, notification
or other communication so addressed to the said representative shall have the
same effect as if it had been addressed to the applicant or holder.

(c) Any communication addressed to the International Bureau by the
representative recorded under paragraph (4)(a) shall have the same effect
as if it had been addressed to the said Bureau by the applicant or
holder.

(6) [Cancellation of Recording; Effective Date of Cancellation]

(a) Any recording under paragraph (4)(a) shall be cancelled where
cancellation is requested in a communication signed by the applicant, holder
or representative. The recording shall be cancelled ex officio by the
International Bureau where a new representative is appointed or, in case a
change in ownership has been recorded, where no representative is appointed by
the new holder of the international registration.

(b) Subject to subparagraph (c), the cancellation shall be effective
from the date on which the International Bureau receives the corresponding
communication.

(c) Where the cancellation is requested by the representative, it shall be
effective from the earlier of the following:

(i) the date on which the International Bureau receives a communication
appointing a new representative;

(ii) the date of the expiry of a period of two months counted from the
receipt of the request of the representative that the recording be
cancelled.

Until the effective date of the cancellation, all communications referred
to in paragraph (5)(b) shall be addressed by the International Bureau to
both the applicant or holder and the representative.

(d) The International Bureau shall, upon receipt of a request for
cancellation made by the representative, notify accordingly the applicant or
holder, and add to the notification copies of all communications sent to the
representative, or received by the International Bureau from the
representative, during the six months preceding the date of the
notification.

(e) The International Bureau shall, once the effective date of the
cancellation is known, notify the cancellation and its effective date to the
representative whose recording has been cancelled, to the applicant or holder
and, where the appointment of the representative had been presented through an
Office, to that Office.

Rule 4
Calculation of Time
Limits

(1) [Periods Expressed in Years] Any period expressed in years shall
expire, in the relevant subsequent year, in the month having the same name and
on the day having the same number as the month and the day of the event from
which the period starts to run, except that, where the event occurred on
February 29 and in the relevant subsequent year February ends on
the 28th, the period shall expire on February 28.

(2) [Periods Expressed in Months] Any period expressed in months
shall expire, in the relevant subsequent month, on the day which has the same
number as the day of the event from which the period starts to run, except that,
where the relevant subsequent month has no day with the same number, the period
shall expire on the last day of that month.

(3) [Periods Expressed in Days] The calculation of any period
expressed in days shall start with the day following the day on which the
relevant event occurred and shall expire accordingly.

(4) [Expiry on a Day on Which the International Bureau or an Office Is
Not Open to the Public] If a period expires on a day on which the
International Bureau or the Office concerned is not open to the public, the
period shall, notwithstanding paragraphs (1) to (3), expire on the
first subsequent day on which the International Bureau or the Office concerned
is open to the public.

(5) [Indication of the Date of Expiry] The International Bureau
shall, in all cases in which it communicates a time limit, indicate the date of
the expiry, according to paragraphs (1) to (3), of the said time
limit.

Rule 5
Irregularities in
Postal and Delivery Services

(1) [Communications Sent Through a Postal Service] Failure by an
interested party to meet a time limit for a communication addressed to the
International Bureau and mailed through a postal service shall be excused if the
interested party submits evidence showing, to the satisfaction of the
International Bureau,

(i) that the communication was mailed at least five days prior to the
expiry of the time limit, or, where the postal service was, on any of the
ten days preceding the day of expiry of the time limit, interrupted on
account of war, revolution, civil disorder, strike, natural calamity, or
other like reason, that the communication was mailed not later than five
days after postal service was resumed,

(ii) that the mailing of the communication was registered, or details of
the mailing were recorded, by the postal service at the time of mailing,
and

(iii) in cases where all classes of mail do not normally reach the
International Bureau within two days of mailing, that the communication was
mailed by a class of mail which normally reaches the International Bureau
within two days of mailing or by airmail.

(2) [Communications Sent Through a Delivery Service] Failure by an
interested party to meet a time limit for a communication addressed to the
International Bureau and sent through a delivery service shall be excused if the
interested party submits evidence showing, to the satisfaction of the
International Bureau,

(i) that the communication was sent at least five days prior to the
expiry of the time limit, or, where the delivery service was, on any of the
ten days preceding the day of expiry of the time limit, interrupted on
account of war, revolution, civil disorder, strike, natural calamity, or
other like reason, that the communication was sent not later than five days
after the delivery service was resumed, and

(ii) that details of the sending of the communication were recorded by
the delivery service at the time of sending.

(3) [Limitation on Excuse] Failure to meet a time limit shall be
excused under this Rule only if the evidence referred to in paragraph (1)
or (2) and the communication or a duplicate thereof are received by the
International Bureau not later than six months after the expiry of the time
limit.

(4) [International Application and Subsequent Designation] Where the
International Bureau receives an international application or a subsequent
designation beyond the two-month period referred to in Article 3(4) of the
Agreement, in Article 3(4) of the Protocol and in Rule 24(6)(b), and
the Office concerned indicates that the late receipt resulted from circumstances
referred to in paragraph (1) or (2), paragraph (1) or (2)
and paragraph (3) shall apply.

Rule 6
Languages

(1) [International Application] The international application shall
be in English, French or Spanish according to what is prescribed by the Office
of origin, it being understood that the Office of origin may allow applicants to
choose between English, French and Spanish.

(2) [Communications Other Than the International Application] Any
communication concerning an international application or an international
registration shall, subject to Rule 17(2)(v) and (3), be

(i) in English, French or Spanish where such communication is addressed
to the International Bureau by the applicant or holder, or by an Office;

(ii) in the language applicable under Rule 7(2) where the
communication consists of the declaration of intention to use the mark
annexed to the international application under Rule 9(5)(f) or to the
subsequent designation under Rule 24(3)(b)(i);

(iii) in the language of the international application where the
communication is a notification addressed by the International Bureau to an
Office, unless that Office has notified the International Bureau that all
such notifications are to be in English, or are to be in French or are to be
in Spanish; where the notification addressed by the International
Bureau concerns the recording in the International Register of an
international registration, the notification shall indicate the language in
which the relevant international application was received by the
International Bureau;

(iv) in the language of the international application where the
communication is a notification addressed by the International Bureau to the
applicant or holder, unless that applicant or holder has expressed the wish
that all such notifications be in English, or be in French or be in
Spanish.

(3) [Recording and Publication]

(a) The recording in the International Register and the publication in
the Gazette of the international registration and of any data to be both
recorded and published under these Regulations in respect of the international
registration shall be in English, French and Spanish. The recording and
publication of the international registration shall indicate the language in
which the international application was received by the International
Bureau.

(b) Where a first subsequent designation is made in respect of an
international registration that, under previous versions of this Rule, has
been published only in French, or only in English and French, the
International Bureau shall, together with the publication in the Gazette of
that subsequent designation, either publish the international registration in
English and Spanish and republish the international registration in French, or
publish the international registration in Spanish and republish it in English
and French, as the case may be. That subsequent designation shall be
recorded in the International Register in English, French and
Spanish.

(4) [Translation]

(a) The translations needed for the notifications under
paragraph (2)(iii) and (iv), and recordings and publications under
paragraph (3), shall be made by the International Bureau. The
applicant or the holder, as the case may be, may annex to the international
application, or to a request for the recording of a subsequent designation or
of a change, a proposed translation of any text matter contained in the
international application or the request. If the proposed translation is
not considered by the International Bureau to be correct, it shall be
corrected by the International Bureau after having invited the applicant or
the holder to make, within one month from the invitation, observations on
the proposed corrections.

(b) Notwithstanding subparagraph (a), the International Bureau shall
not translate the mark. Where, in accordance with Rule 9(4)(b)(iii) or
Rule 24(3)(c), the applicant or the holder gives a translation or
translations of the mark, the International Bureau shall not check the
correctness of any such translations.

Rule 7
Notification of
Certain Special Requirements

(1) [Deleted]

(2) [Intention to Use the Mark] Where a Contracting Party requires,
as a Contracting Party designated under the Protocol, a declaration of intention
to use the mark, it shall notify that requirement to the Director General. Where
that Contracting Party requires the declaration to be signed by the applicant
himself and to be made on a separate official form annexed to the international
application, the notification shall contain a statement to that effect and shall
specify the exact wording of the required declaration. Where the Contracting
Party further requires the declaration to be in English, French or Spanish, the
notification shall specify the required language.

(3) [Notification]

(a) Any notification referred to in paragraph (2) may be made at the
time of the deposit by the Contracting Party of its instrument of
ratification, acceptance or approval of, or accession to, the Protocol, and
the effective date of the notification shall be the same as the date of entry
into force of the Protocol with respect to the Contracting Party having made
the notification. The notification may also be made later, in which case the
notification shall have effect three months after its receipt by the Director
General, or at any later date indicated in the notification, in respect of any
international registration whose date is the same as or is later than the
effective date of the notification.

(b) Any notification made under paragraph (2) may be withdrawn at any
time. The notice of withdrawal shall be addressed to the Director General. The
withdrawal shall have effect upon receipt of the notice of withdrawal by the
Director General or at any later date indicated in the notice.

Chapter 2International
Applications

Rule 8Several
Applicants

(1) [Two or More Applicants Applying Exclusively Under the Agreement or
Applying Under Both the Agreement and the Protocol] Two or more applicants
may jointly file an international application governed exclusively by the
Agreement or governed by both the Agreement and the Protocol if the basic
registration is jointly owned by them and if the country of origin, as defined
in Article 1(3) of the Agreement, is the same for each of them.

(2) [Two or More Applicants Applying Exclusively Under the Protocol]
Two or more applicants may jointly file an international application governed
exclusively by the Protocol if the basic application was jointly filed by them
or the basic registration is jointly owned by them, and if each of them
qualifies, in relation to the Contracting Party whose Office is the Office of
origin, for filing an international application under Article 2(1) of the
Protocol.

Rule 9
Requirements Concerning
the International Application

(1) [Presentation] The international application shall be presented
to the International Bureau by the Office of origin.

(2) [Form and Signature]

(a) The international application shall be presented on the official form
in one copy.

(b) The international application shall be signed by the Office of origin
and, where the Office of origin so requires, also by the applicant. Where the
Office of origin does not require the applicant to sign the international
application but allows that the applicant also sign it, the applicant may do
so.

(3) [Fees] The prescribed fees applicable to the international
application shall be paid as provided for in Rules 10, 34
and 35.

(4) [Contents of the International Application]

(a) The international application shall contain or indicate

(i) the name of the applicant, given in accordance with the
Administrative Instructions,

(ii) the address of the applicant, given in accordance with the
Administrative Instructions,

(iii) the name and address of the representative, if any, given in
accordance with the Administrative Instructions,

(iv) where the applicant wishes, under the Paris Convention for the
Protection of Industrial Property, to take advantage of the priority of an
earlier filing, a declaration claiming the priority of that earlier filing,
together with an indication of the name of the Office where such filing was
made and of the date and, where available, the number of that filing, and,
where the earlier filing relates to less than all the goods and services
listed in the international application, the indication of those goods and
services to which the earlier filing relates,

(v) a reproduction of the mark that shall fit in the box provided on the
official form; that reproduction shall be clear and shall, depending on
whether the reproduction in the basic application or the basic registration
is in black and white or in color, be in black and white or in color,

(vi) where the applicant wishes that the mark be considered as a mark in
standard characters, a declaration to that effect,

(vii) where color is claimed as a distinctive feature of the mark in the
basic application or basic registration, or where the applicant wishes to
claim color as a distinctive feature of the mark and the mark contained in
the basic application or basic registration is in color, an indication that
color is claimed and an indication by words of the color or combination of
colors claimed and, where the reproduction furnished under item (v) is
in black and white, one reproduction of the mark in color,

(viibis) where the mark that is the subject of the basic
application or the basic registration consists of a color or a combination
of colors as such, an indication to that effect,

(viii) where the basic application or the basic registration relates to a
three-dimensional mark, the indication "three-dimensional mark,"

(ix) where the basic application or the basic registration relates to a
sound mark, the indication "sound mark,"

(x) where the basic application or the basic registration relates to a
collective mark or a certification mark or a guarantee mark, an indication
to that effect,

(xi) where the basic application or the basic registration contains
a description of the mark by words and the applicant wishes to include
the description or the Office of origin requires the inclusion of the
description, that same description; where the said description is in a
language other than the language of the international application, it shall
be given in the language of the international application,

(xii) where the mark consists of or contains matter in characters other
than Latin characters or numbers expressed in numerals other than Arabic or
Roman numerals, a transliteration of that matter in Latin characters and
Arabic numerals; the transliteration into Latin characters shall follow the
phonetics of the language of the international application,

(xiii) the names of the goods and services for which the international
registration of the mark is sought, grouped in the appropriate classes of
the International Classification of Goods and Services, each group preceded
by the number of the class and presented in the order of the classes of that
Classification; the goods and services shall be indicated in precise terms,
preferably using the words appearing in the Alphabetical List of the said
Classification; the international application may contain limitations of the
list of goods and services in respect of one or more designated Contracting
Parties; the limitation in respect of each Contracting Party may be
different,

(xiv) the amount of the fees being paid and the method of payment, or
instructions to debit the required amount of fees to an account opened with
the International Bureau, and the identification of the party effecting the
payment or giving the instructions, and

(xv) the designated Contracting Parties.

(b) The international application may also contain,

(i) where the applicant is a natural person, an indication of the State
of which the applicant is a national;

(ii) where the applicant is a legal entity, indications concerning the
legal nature of that legal entity and the State, and, where applicable, the
territorial unit within that State, under the law of which the said legal
entity has been organized;

(iii) where the mark consists of or contains a word or words that can be
translated, a translation of that word or those words into English, French
and Spanish, or in any one or two of those languages;

(iv) where the applicant claims color as a distinctive feature of the
mark, an indication by words, in respect of each color, of the principal
parts of the mark which are in that color;

(v) where the applicant wishes to disclaim protection for any element of
the mark, an indication of that fact and of the element or elements for
which protection is disclaimed.

(5) [Additional Contents of an International Application]

(a) An international application governed exclusively by the Agreement or
by both the Agreement and the Protocol shall contain the number and date of
the basic registration and shall indicate one of the following:

(i) that the applicant has a real and effective industrial or commercial
establishment in the territory of the Contracting State whose Office is the
Office of origin, or

(ii) where the applicant has no such establishment in any Contracting
State of the Agreement, that he has a domicile in the territory of the State
whose Office is the Office of origin, or

(iii) where the applicant has no such establishment or domicile in the
territory of any Contracting State of the Agreement, that he is a national
of the State whose Office is the Office of origin.

(b) An international application governed exclusively by the Protocol shall
contain the number and date of the basic application or basic registration and
shall indicate one or more of the following:

(i) where the Contracting Party whose Office is the Office of origin is a
State, that the applicant is a national of that State;

(ii) where the Contracting Party whose Office is the Office of origin is
an organization, the name of the Member State of that organization of which
the applicant is a national;

(iii) that the applicant has a domicile in the territory of the
Contracting Party whose Office is the Office of origin;

(iv) that the applicant has a real and effective industrial or commercial
establishment in the territory of the Contracting Party whose Office is the
Office of origin.

(c) Where the address of the applicant given in accordance with
paragraph (4)(a)(ii) is not in the territory of the Contracting Party
whose Office is the Office of origin and it has been indicated under
subparagraph (a)(i) or (ii) or subparagraph (b)(iii)
or (iv) that the applicant has a domicile or an establishment in the
territory of that Contracting Party, that domicile or the address of that
establishment shall be given in the international application.

(d) The international application shall contain a declaration by the Office
of origin certifying

(i) the date on which the Office of origin received or, as provided for
in Rule 11(1), is deemed to have received the request by the applicant
to present the international application to the International Bureau,

(ii) that the applicant named in the international application is the
same as the applicant named in the basic application or the holder named in
the basic registration, as the case may be,

(iii) that any indication referred to in
paragraph (4)(a)(viibis) to (xi) and appearing in the
international application appears also in the basic application or the basic
registration, as the case may be,

(iv) that the mark that is the subject matter of the international
application is the same as in the basic application or the basic
registration, as the case may be,

(v) that, if color is claimed as a distinctive feature of the mark in the
basic application or the basic registration, the same claim is included in
the international application or that, if color is claimed as a distinctive
feature of the mark in the international application without having being
claimed in the basic application or basic registration, the mark in the
basic application or basic registration is in fact in the color or
combination of colors claimed, and

(vi) that the goods and services indicated in the international
application are covered by the list of goods and services appearing in the
basic application or basic registration, as the case may be.

(e) Where the international application is based on two or more basic
applications or basic registrations, the declaration referred to in
subparagraph (d) shall be deemed to apply to all those basic applications
or basic registrations.

(f) Where the international application contains the designation of a
Contracting Party that has made a notification under Rule 7(2), the
international application shall also contain a declaration of intention to use
the mark in the territory of that Contracting Party; the declaration shall be
considered part of the designation of the Contracting Party requiring it and
shall, as required by that Contracting Party,

(i) be signed by the applicant himself and be made on a separate official
form annexed to the international application, or

(ii) be included in the international application.

(g) Where an international application contains the designation of a
Contracting Organization, it may also contain the following indications:

(i) where the applicant wishes to claim, under the law of that
Contracting Organization, the seniority of one or more earlier marks
registered in, or for, a Member State of that Organization, a declaration to
that effect, stating the Member State or Member States in or for which the
earlier mark is registered, the date from which the relevant registration
was effective, the number of the relevant registration and the goods and
services for which the earlier mark is registered. Such indications shall be
on an official form to be annexed to the international application;

(ii) where, under the law of that Contracting Organization, the applicant
is required to indicate a second working language before the Office of that
Contracting Organization, in addition to the language of the international
application, an indication of that second
language.

Rule 10
Fees Concerning the
International Application

(1) [International Applications Governed Exclusively by the
Agreement] An international application governed exclusively by the
Agreement shall be subject to the payment of the basic fee, the complementary
fee and, where applicable, the supplementary fee, specified in item 1 of
the Schedule of Fees. Those fees shall be paid in two instalments of ten years
each. For the payment of the second instalment, Rule 30 shall apply.

(2) [International Applications Governed Exclusively by the
Protocol] An international application governed exclusively by the Protocol
shall be subject to the payment of the basic fee, the complementary fee and/or
the individual fee and, where applicable, the supplementary fee, specified or
referred to in item 2 of the Schedule of Fees. Those fees shall be paid for
ten years.

(3) [International Applications Governed by Both the Agreement and the
Protocol] An international application governed by both the Agreement and
the Protocol shall be subject to the payment of the basic fee, the complementary
fee and, where applicable, the individual fee and the supplementary fee,
specified or referred to in item 3 of the Schedule of Fees. As far as the
Contracting Parties designated under the Agreement are concerned,
paragraph (1) shall apply. As far as the Contracting Parties designated
under the Protocol are concerned, paragraph (2) shall apply.

Rule 11
Irregularities Other
Than Those Concerning the Classification of Goods and Services or Their
Indication

(1) [Premature Request to the Office of Origin]

(a) Where the Office of origin received a request to present to the
International Bureau an international application governed exclusively by the
Agreement before the mark which is referred to in that request is registered
in the register of the said Office, the said request shall be deemed to have
been received by the Office of origin, for the purposes of Article 3(4)
of the Agreement, on the date of the registration of the mark in the register
of the said Office.

(b) Subject to subparagraph (c), where the Office of origin receives a
request to present to the International Bureau an international application
governed by both the Agreement and the Protocol before the mark which is
referred to in that request is registered in the register of the said Office,
the international application shall be treated as an international application
governed exclusively by the Protocol, and the Office of origin shall delete
the designation of any Contracting Party bound by the Agreement but not by the
Protocol.

(c) Where the request referred to in subparagraph (b) is accompanied
by an express request that the international application be treated as an
international application governed by both the Agreement and the Protocol once
the mark is registered in the register of the Office of origin, the said
Office shall not delete the designation of any Contracting Party bound by the
Agreement but not by the Protocol and the request to present the international
application shall be deemed to have been received by the said Office, for the
purposes of Article 3(4) of the Agreement and Article 3(4) of the
Protocol, on the date of the registration of the mark in the register of the
said Office.

(2) [Irregularities to Be Remedied by the Applicant]

(a) If the International Bureau considers that the international
application contains irregularities other than those referred to in
paragraphs (3), (4) and (6) and in Rules 12 and 13, it shall
notify the applicant of the irregularity and at the same time inform the
Office of origin.

(b) Such irregularities may be remedied by the applicant within three
months from the date of the notification of the irregularity by the
International Bureau. If an irregularity is not remedied within three months
from the date of the notification of that irregularity by the International
Bureau, the international application shall be considered abandoned and the
International Bureau shall notify accordingly and at the same time the
applicant and the Office of origin.

(3) [Irregularity to Be Remedied by the Applicant or by the Office of
Origin]

(a) Notwithstanding paragraph (2), where the fees payable under
Rule 10 have been paid to the International Bureau by the Office of
origin and the International Bureau considers that the amount of the fees
received is less than the amount required, it shall notify at the same time
the Office of origin and the applicant. The notification shall specify the
missing amount.

(b) The missing amount may be paid by the Office of origin or by the
applicant within three months from the date of the notification by the
International Bureau. If the missing amount is not paid within three months
from the date of the notification of the irregularity by the International
Bureau, the international application shall be considered abandoned and the
International Bureau shall notify accordingly and at the same time the Office
of origin and the applicant.

(4) [Irregularities to Be Remedied by the Office of Origin]

(a) If the International Bureau

(i) finds that the international application does not fulfill the
requirements of Rule 2 or was not presented on the official form
prescribed under Rule 9(2)(a),

(ii) finds that the international application contains any of the
irregularities referred to in Rule 15(1),

(iii) considers that the international application contains
irregularities relating to the entitlement of the applicant to file an
international application,

(iv) considers that the international application contains irregularities
relating to the declaration by the Office of origin referred to in
Rule 9(5)(d),

(v) [Deleted]

(vi) finds that the international application is not signed by the Office
of origin, or

(vii) finds that the international application does not contain the date
and number of the basic application or basic registration, as the case may
be, it shall notify the Office of origin and at the same time inform the
applicant.

(b) Such irregularities may be remedied by the Office of origin within
three months from the date of notification of the irregularity by the
International Bureau. If an irregularity is not remedied within three months
from the date of the notification of that irregularity by the International
Bureau, the international application shall be considered abandoned and the
International Bureau shall notify accordingly and at the same time the Office
of origin and the applicant.

(5) [Reimbursement of Fees] Where, in accordance with
paragraphs (2)(b), (3) or (4)(b), the international application is
considered abandoned, the International Bureau shall refund any fees paid in
respect of that application, after deduction of an amount corresponding to
one-half of the basic fee referred to in items 1.1.1, 2.1.1 or 3.1.1
of the Schedule of Fees, to the party having paid those fees.

(6) [Other Irregularity With Respect to the Designation of a Contracting
Party Under the Protocol]

(a) Where, in accordance with Article 3(4) of the Protocol, an
international application is received by the International Bureau within a
period of two months from the date of receipt of that international
application by the Office of origin and the International Bureau considers
that a declaration of intention to use the mark is required according to
Rule 9(5)(f) but is missing or does not comply with the applicable
requirements, the International Bureau shall promptly notify accordingly and
at the same time the applicant and the Office of origin.

(b) The declaration of intention to use the mark shall be deemed to have
been received by the International Bureau together with the international
application if the missing or corrected declaration is received by the
International Bureau within the period of two months referred to in
subparagraph (a).

(c) The international application shall be deemed not to contain the
designation of the Contracting Party for which a declaration of intention to
use the mark is required if the missing or corrected declaration is received
after the period of two months referred to in subparagraph (b). The
International Bureau shall notify accordingly and at the same time the
applicant and the Office of origin, reimburse any designation fee already paid
in respect of that Contracting Party and indicate that the designation of the
said Contracting Party may be effected as a subsequent designation under
Rule 24, provided that such designation is accompanied by the required
declaration.

(7) [International Application Not Considered as Such] If the
international application is presented direct to the International Bureau by the
applicant or does not comply with the requirement applicable under
Rule 6(1), the international application shall not be considered as such
and shall be returned to the sender.

Rule 12
Irregularities With
Respect to the Classification of Goods and Services

(1) [Proposal for Classification]

(a) If the International Bureau considers that the requirements of
Rule 9(4)(a)(xiii) are not complied with, it shall make a proposal of its
own for the classification and grouping and shall send a notification of its
proposal to the Office of origin and at the same time inform the
applicant.

(b) The notification of the proposal shall also state the amount, if any,
of the fees due as a consequence of the proposed classification and
grouping.

(2) [Opinion Differing From the Proposal] The Office of origin may
communicate to the International Bureau an opinion on the proposed
classification and grouping within three months from the date of the
notification of the proposal.

(3) [Reminder of the Proposal] If, within two months from the date
of the notification referred to in paragraph (1)(a), the Office of origin
has not communicated an opinion on the proposed classification and grouping, the
International Bureau shall send to the Office of origin and to the applicant a
communication reiterating the proposal. The sending of such a communication
shall not affect the three-month period referred to in paragraph (2).

(4) [Withdrawal of Proposal] If, in the light of the opinion
communicated under paragraph (2), the International Bureau withdraws its
proposal, it shall notify the Office of origin accordingly and at the same time
inform the applicant.

(5) [Modification of Proposal] If, in the light of the opinion
communicated under paragraph (2), the International Bureau modifies its
proposal, it shall notify the Office of origin and at the same time inform the
applicant of such modification and of any consequent changes in the amount
indicated under paragraph (1)(b).

(6) [Confirmation of Proposal] If, notwithstanding the opinion
referred to in paragraph (2), the International Bureau confirms its
proposal, it shall notify the Office of origin accordingly and at the same time
inform the applicant.

(7) [Fees]

(a) If no opinion has been communicated to the International Bureau under
paragraph (2), the amount referred to in paragraph (1)(b) shall be
payable within four months from the date of the notification referred to in
paragraph (1)(a), failing which the international application shall be
considered abandoned and the International Bureau shall notify the Office of
origin accordingly and at the same time inform the applicant.

(b) If an opinion has been communicated to the International Bureau under
paragraph (2), the amount referred to in paragraph (1)(b) or, where
applicable, paragraph (5) shall be payable within three months from the
date of the communication by the International Bureau of the modification or
confirmation of its proposal under paragraph (5) or (6), as the case
may be, failing which the international application shall be considered
abandoned and the International Bureau shall notify the Office of origin
accordingly and at the same time inform the applicant.

(c) If an opinion has been communicated to the International Bureau under
paragraph (2) and if, in the light of that opinion, the International
Bureau withdraws its proposal in accordance with paragraph (4), the
amount referred to in paragraph (1)(b) shall not be due.

(8) [Reimbursement of Fees] Where, in accordance with
paragraph (7), the international application is considered abandoned, the
International Bureau shall refund any fees paid in respect of that application,
after deduction of an amount corresponding to one-half of the basic fee referred
to in items 1.1.1, 2.1.1 or 3.1.1 of the Schedule of Fees, to the
party having paid those fees.

(9) [Classification in the Registration] Subject to the conformity
of the international application with the other applicable requirements, the
mark shall be registered with the classification and grouping that the
International Bureau considers to be correct.

Rule 13
Irregularities
With Respect to the Indication of Goods and Services

(1) [Communication of Irregularity by the International Bureau to the
Office of Origin] If the International Bureau considers that any of the
goods and services is indicated in the international application by a term that
is too vague for the purposes of classification or is incomprehensible or is
linguistically incorrect, it shall notify the Office of origin accordingly and
at the same time inform the applicant. In the same notification, the
International Bureau may suggest a substitute term, or the deletion of the
term.

(2) [Time Allowed to Remedy Irregularity]

(a) The Office of origin may make a proposal for remedying the irregularity
within three months from the date of the notification referred to in
paragraph (1).

(b) If no proposal acceptable to the International Bureau for remedying the
irregularity is made within the period indicated in subparagraph (a), the
International Bureau shall include in the international registration the term
as appearing in the international application, provided that the Office of
origin has specified the class in which such term should be classified; the
international registration shall contain an indication to the effect that, in
the opinion of the International Bureau, the specified term is too vague for
the purposes of classification or is incomprehensible or is linguistically
incorrect, as the case may be. Where no class has been specified by the Office
of origin, the International Bureau shall delete the said term
ex officio and shall notify the Office of origin accordingly and
at the same time inform the applicant.

Chapter 3International
Registrations

Rule 14Registration of the
Mark in the International Register

(1) [Registration of the Mark in the International Register] Where
the International Bureau finds that the international application conforms to
the applicable requirements, it shall register the mark in the International
Register, notify the Offices of the designated Contracting Parties of the
international registration and inform the Office of origin accordingly, and send
a certificate to the holder. Where the Office of origin so wishes and has
informed the International Bureau accordingly, the certificate shall be sent to
the holder through the Office of origin.

(2) [Contents of the Registration] The international registration
shall contain

(i) all the data contained in the international application, except any
priority claim under Rule 9(4)(a)(iv) where the date of the earlier
filing is more than six months before the date of the international
registration,

(ii) the date of the international registration,

(iii) the number of the international registration,

(iv) where the mark can be classified according to the International
Classification of Figurative Elements, and unless the international
application contains a declaration to the effect that the applicant wishes
that the mark be considered as a mark in standard characters, the relevant
classification symbols of the said Classification as determined by the
International Bureau,

(v) an indication, with respect to each designated Contracting Party, as
to whether it is a Contracting Party designated under the Agreement or a
Contracting Party designated under the Protocol.

(vi) indications annexed to the international application in accordance
with Rule 9(5)(g)(i) concerning the Member State or Member States in or
for which an earlier mark, for which seniority is claimed, is registered,
the date from which the registration of that earlier mark was effective and
the number of the relevant registration.

Rule 15
Date of the
International Registration

(1) [Irregularities Affecting the Date of the International
Registration] Where the international application received by the
International Bureau does not contain all of the following elements:

(i) indications allowing the identity of the applicant to be established
and sufficient to contact the applicant or his representative, if any,

(ii) the Contracting Parties which are designated,

(iii) a reproduction of the mark,

(iv) the indication of the goods and services for which registration of
the mark is sought, the international registration shall bear the date on
which the last of the missing elements reached the International Bureau,
provided that, where the last of the missing elements reaches the
International Bureau within the two-month time limit referred to in
Article 3(4) of the Agreement and Article 3(4) of the Protocol,
the international registration shall bear the date on which the defective
international application was received or, as provided in Rule 11(1),
is deemed to have been received by the Office of
origin.

(2) [Date of the International Registration in Other Cases] In any
other case, the international registration shall bear the date determined in
accordance with Article 3(4) of the Agreement and Article 3(4) of the
Protocol.

Rule 16Possibility of
Notification of a Provisional Refusal Based on an Opposition Under Article
5(2)(c) of the Protocol

(1) [Information Relating to Possible Oppositions and Time Limit for
Notifying Provisional Refusal Based on an Opposition]

(a) Subject to Article 9sexies(1)(b) of the Protocol, where a
declaration has been made by a Contracting Party pursuant to
Article 5(2)(b) and (c), first sentence, of the Protocol, the Office
of that Contracting Party shall, where it has become apparent with regard to a
given international registration designating that Contracting Party that the
opposition period will expire too late for any provisional refusal based on an
opposition to be notified to the International Bureau within the 18-month time
limit referred to in Article 5(2)(b), inform the International Bureau of
the number, and the name of the holder, of that international
registration.

(b) Where, at the time of the communication of the information referred to
in subparagraph (a), the dates on which the opposition period begins and
ends are known, those dates shall be indicated in the communication. If such
dates are not yet known at that time, they shall be communicated to the
International Bureau as soon as they are known1.

(c) Where subparagraph (a) applies and the Office referred to in the
said subparagraph has, before the expiry of the 18-month time limit
referred to in the same subparagraph, informed the International Bureau of the
fact that the time limit for filing oppositions will expire within the
30 days preceding the expiry of the 18-month time limit and of the
possibility that oppositions may be filed during those 30 days, a
provisional refusal based on an opposition filed during the said 30 days
may be notified to the International Bureau within one month from the date of
filing of the opposition.

(2) [Recording and Transmittal of the Information] The International
Bureau shall record in the International Register the information received under
paragraph (1) and shall transmit that information to the holder.

Rule 17
Provisional
Refusal

(1) [Notification of Provisional Refusal]

(a) A notification of provisional refusal may comprise a declaration
stating the grounds on which the Office making the notification considers that
protection cannot be granted in the Contracting Party concerned ("ex
officio provisional refusal") or a declaration that protection cannot be
granted in the Contracting Party concerned because an opposition has been
filed ("provisional refusal based on an opposition") or both.

(b) A notification of provisional refusal shall relate to one international
registration, shall be dated and shall be signed by the Office making
it.

(2) [Content of the Notification] A notification of provisional
refusal shall contain or indicate

(i) the Office making the notification,

(ii) the number of the international registration, preferably accompanied
by other indications enabling the identity of the international registration
to be confirmed, such as the verbal elements of the mark or the basic
application or basic registration number,

(iii) [Deleted]

(iv) all the grounds on which the provisional refusal is based, together
with a reference to the corresponding essential provisions of the law,

(v) where the grounds on which the provisional refusal is based relate to
a mark which has been the subject of an application or registration and with
which the mark that is the subject of the international registration appears
to be in conflict, the filing date and number, the priority date (if any),
the registration date and number (if available), the name and address of the
owner, and a reproduction, of the former mark, together with the list of all
or the relevant goods and services in the application or registration of the
former mark, it being understood that the said list may be in the language
of the said application or registration,

(vi) either that the grounds on which the provisional refusal is based
affect all the goods and services or an indication of the goods and services
which are affected, or are not affected, by the provisional refusal,

(vii) the time limit, reasonable under the circumstances, for filing a
request for review of, or appeal against, the ex officio
provisional refusal or the provisional refusal based on an opposition and,
as the case may be, for filing a response to the opposition, preferably with
an indication of the date on which the said time limit expires, and the
authority with which such request for review, appeal or response should be
filed, with the indication, where applicable, that the request for review,
the appeal or the response has to be filed through the intermediary of a
representative whose address is within the territory of the Contracting
Party whose Office has pronounced the refusal.

(3) [Additional Requirements Concerning a Notification of Provisional
Refusal Based on an Opposition] Where the provisional refusal of protection
is based on an opposition, or on an opposition and other grounds, the
notification shall, in addition to complying with the requirements referred to
in paragraph (2), contain an indication of that fact and the name and
address of the opponent; however, notwithstanding paragraph (2)(v), the
Office making the notification must, where the opposition is based on a mark
which has been the subject of an application or registration, communicate the
list of the goods and services on which the opposition is based and may, in
addition, communicate the complete list of goods and services of that earlier
application or registration, it being understood that the said lists may be in
the language of the earlier application or registration.

(4) [Recording; Transmittal of Copies of Notifications] The
International Bureau shall record the provisional refusal in the International
Register together with the data contained in the notification, with an
indication of the date on which the notification was sent or is regarded under
Rule 18(1)(d) as having been sent to the International Bureau and shall
transmit a copy thereof to the Office of origin, if that Office has informed the
International Bureau that it wishes to receive such copies, and, at the same
time, to the holder.

(5) [Declarations Relating to the Possibility of Review]

(a) [Deleted]

(b) [Deleted]

(c) [Deleted]

(d) The Office of a Contracting Party may, in a declaration, notify the
Director General that, in accordance with the law of the said Contracting
Party,

(i) any provisional refusal that has been notified to the International
Bureau is subject to review by the said Office, whether or not such review
has been requested by the holder, and

(ii) the decision taken on the said review may be the subject of a
further review or appeal before the Office.

Where this declaration applies and the Office is not in a position to
communicate the said decision directly to the holder of the international
registration concerned, the Office shall, notwithstanding the fact that all
procedures before the said Office relating to the protection of the mark may
not have been completed, send the statement referred to in Rule
18ter(2) or (3) to the International Bureau immediately following the
said decision. Any further decision affecting the protection of the mark shall
be sent to the International Bureau in accordance with Rule
18ter(4).

(e) The Office of a Contracting Party may, in a declaration, notify the
Director General that, in accordance with the law of the said Contracting
Party, any ex officio provisional refusal that has been notified to
the International Bureau is not open to review before the said Office. Where
this declaration applies, any ex officio notification of a
provisional refusal by the said Office shall be deemed to include a statement
in accordance with Rule 18ter(2)(ii) or (3).

Rule 18
Irregular
Notifications of Provisional Refusal

(1) [Contracting Party Designated Under the Agreement]

(a) A notification of provisional refusal communicated by the Office of a
Contracting Party designated under the Agreement shall not be regarded as such
by the International Bureau

(i) if it does not contain any international registration number, unless
other indications contained in the notification permit the international
registration to which the provisional refusal relates to be identified,

(ii) if it does not indicate any grounds for refusal, or

(iii) if it is sent too late to the International Bureau, that is, if it
is sent after the expiry of one year from the date on which the recording of
the international registration or the recording of the designation made
subsequently to the international registration has been effected, it being
understood that the said date is the same as the date of sending the
notification of the international registration or of the designation made
subsequently.

(b) Where subparagraph (a) applies, the International Bureau shall
nevertheless transmit a copy of the notification to the holder, shall inform,
at the same time, the holder and the Office that sent the notification that
the notification of provisional refusal is not regarded as such by the
International Bureau, and shall indicate the reasons therefor.

(c) If the notification

(i) is not signed on behalf of the Office which communicated it, or does
not otherwise comply with the requirements of Rule 2 or with the
requirement applicable under Rule 6(2),

(ii) does not contain, where applicable, the details of the mark with
which the mark that is the subject of the international registration appears
to be in conflict (Rule 17(2)(v) and (3)),

(iii) does not comply with the requirements of Rule 17(2)(vi),

(iv) does not comply with the requirements of Rule 17(2)(vii),
or

(v) [Deleted]

(vi) does not contain, where applicable, the name and address of the
opponent and the indication of the goods and services on which the
opposition is based (Rule 17(3)), the International Bureau shall,
except where subparagraph (d) applies, nonetheless record the
provisional refusal in the International Register. The International Bureau
shall invite the Office that communicated the provisional refusal to send a
rectified notification within two months from the invitation and shall
transmit to the holder copies of the irregular notification and of the
invitation sent to the Office concerned.

(d) Where the notification does not comply with the requirements of
Rule 17(2)(vii), the provisional refusal shall not be recorded in the
International Register. If however a rectified notification is sent within the
time limit referred to in subparagraph (c), it shall be regarded, for the
purposes of Article 5 of the Agreement, as having been sent to the
International Bureau on the date on which the defective notification had been
sent to it. If the notification is not so rectified, it shall not be regarded
as a notification of provisional refusal. In the latter case, the
International Bureau shall inform, at the same time, the holder and the Office
that sent the notification that the notification of provisional refusal is not
regarded as such by the International Bureau, and shall indicate the reasons
therefor.

(e) Any rectified notification shall, where the applicable law so permits,
indicate a new time limit, reasonable under the circumstances, for filing a
request for review of, or appeal against, the ex officio provisional
refusal or the provisional refusal based on an opposition and, as the case may
be, for filing a response to the opposition, preferably with an indication of
the date on which the said time limit expires.

(f) The International Bureau shall transmit a copy of any rectified
notification to the holder.

(2) [Contracting Party Designated Under the Protocol]

(a) Paragraph (1) shall also apply in the case of a notification of
provisional refusal communicated by the Office of a Contracting Party
designated under the Protocol, it being understood that the time limit
referred to in paragraph (1)(a)(iii) shall be the time limit applicable
under Article 5(2)(a) or, subject to Article 9sexies(1)(b) of
the Protocol, under Article 5(2)(b) or (c)(ii) of the Protocol.

(b) Paragraph (1)(a) shall apply to determine whether the time limit
before the expiry of which the Office of the Contracting Party concerned must
give the International Bureau the information referred to in
Article 5(2)(c)(i) of the Protocol has been complied with. If such
information is given after the expiry of that time limit, it shall be regarded
as not having been given and the International Bureau shall inform the Office
concerned accordingly.

(c) Where the notification of provisional refusal based on an opposition is
made under Article 5(2)(c)(ii) of the Protocol without the requirements
of Article 5(2)(c)(i) of the Protocol having been complied with, it shall
not be regarded as a notification of provisional refusal. In such a case, the
International Bureau shall nevertheless transmit a copy of the notification to
the holder, shall inform, at the same time, the holder and the Office that
sent the notification that the notification of provisional refusal is not
regarded as such by the International Bureau, and shall indicate the reasons
therefor.

Rule 18bis
Interim Status of a Mark in a Designated Contracting Party

(1) [Ex Officio Examination Completed but Opposition or
Observations by Third Parties Still Possible]

(a) An Office which has not communicated a notification of
provisional refusal may, within the period applicable under Article 5(2)
of the Agreement or Article 5(2)(a) or (b) of the Protocol, send to
the International Bureau a statement to the effect that the ex
officio examination has been completed and that the Office has found no
grounds for refusal but that the protection of the mark is still subject to
opposition or observations by third parties, with an indication of the date by
which such oppositions or observations may be filed2.

(b) An Office which has communicated a notification of
provisional refusal may send to the International Bureau a statement to the
effect that the ex officio examination has been completed but that
the protection of the mark is still subject to opposition or observations by
third parties, with an indication of the date by which such oppositions or
observations may be filed.

(2) [Recording, Information to the Holder and Transmittal of Copies]
The International Bureau shall record any statement received under this Rule in
the International Register, inform the holder accordingly and, where the
statement was communicated, or can be reproduced, in the form of a specific
document, transmit a copy of that document to the holder.

Rule 18ter
Final Disposition on Status of a Mark in a Designated Contracting
Party

(1) [Statement of Grant of Protection Where No Notification of
Provisional Refusal Has Been Communicated]3When, before the expiry of the period
applicable under Article 5(2) of the Agreement or Article 5(2)(a), (b)
or (c) of the Protocol, all procedures before an Office have been completed
and there is no ground for that Office to refuse protection, that Office shall,
as soon as possible and before the expiry of that period, send to the
International Bureau a statement to the effect that protection is granted to the
mark that is the subject of the international registration in the Contracting
Party concerned4.

(2) [Statement of Grant of Protection Following a Provisional Refusal]
Except where it sends a statement under paragraph (3), an Office which
has communicated a notification of provisional refusal shall, once all
procedures before the said Office relating to the protection of the mark have
been completed, send to the International Bureau either

(i) a statement to the effect that the provisional refusal is withdrawn
and that protection of the mark is granted, in the Contracting Party
concerned, for all goods and services for which protection has been
requested, or

(ii) a statement indicating the goods and services for which protection
of the mark is granted in the Contracting Party
concerned.

(3) [Confirmation of Total Provisional Refusal] An Office
which has sent to the International Bureau a notification of a total provisional
refusal shall, once all procedures before the said Office relating to the
protection of the mark have been completed and the Office has decided to confirm
refusal of the protection of the mark in the Contracting Party concerned for all
goods and services, send to the International Bureau a statement to that
effect.

(4) [Further Decision] Where, following the sending of a
statement in accordance with either paragraph (2) or (3), a further
decision affects the protection of the mark, the Office shall, to the extent
that it is aware of that decision, send to the International Bureau a further
statement indicating the goods and services for which the mark is protected in
the Contracting Party concerned5.

(5) [Recording, Information to the Holder and Transmittal of
Copies] The International Bureau shall record any statement received under
this Rule in the International Register, inform the holder accordingly and,
where the statement was communicated, or can be reproduced, in the form of
a specific document, transmit a copy of that document to the holder.

Rule 19
Invalidations in
Designated Contracting Parties

(1) [Contents of the Notification of Invalidation] Where the effects
of an international registration are invalidated in a designated Contracting
Party under Article 5(6) of the Agreement or Article 5(6) of the
Protocol and the invalidation is no longer subject to appeal, the Office of the
Contracting Party whose competent authority has pronounced the invalidation
shall notify the International Bureau accordingly. The notification shall
contain or indicate

(i) the authority which pronounced the invalidation,

(ii) the fact that the invalidation is no longer subject to appeal,

(iii) the number of the international registration,

(iv) the name of the holder,

(v) if the invalidation does not concern all the goods and services,
those in respect of which the invalidation has been pronounced or those in
respect of which the invalidation has not been pronounced, and

(vi) the date on which the invalidation was pronounced and, where
possible, its effective date.

(2) [Recording of the Invalidation and Information to the Holder and the
Office Concerned]

(a) The International Bureau shall record the invalidation in the
International Register, together with the data contained in the notification
of invalidation, and shall inform accordingly the holder. The International
Bureau shall also inform the Office that communicated the notification of
invalidation of the date on which the invalidation was recorded in the
International Register if that Office has requested to receive such
information.

(b) The invalidation shall be recorded as of the date of receipt by the
International Bureau of a notification complying with the applicable
requirements.

Rule 20
Restriction of the
Holder’s Right of Disposal

(1) [Communication of Information]

(a) The holder of an international registration or the Office of the
Contracting Party of the holder may inform the International Bureau that the
holder’s right to dispose of the international registration has been
restricted and, if appropriate, indicate the Contracting Parties
concerned.

(b) The Office of any designated Contracting Party may inform the
International Bureau that the holder’s right of disposal has been restricted
in respect of the international registration in the territory of that
Contracting Party.

(c) Information given in accordance with subparagraph (a) or (b)
shall consist of a summary statement of the main facts concerning the
restriction.

(2) [Partial or Total Removal of Restriction] Where the
International Bureau has been informed of a restriction of the holder’s right of
disposal in accordance with paragraph (1), the party that communicated the
information shall also inform the International Bureau of any partial or total
removal of that restriction.

(3) [Recording]

(a) The International Bureau shall record the information communicated
under paragraphs (1) and (2) in the International Register and shall
inform accordingly the holder, the Office of the Contracting Party of the
holder and the Offices of the designated Contracting Parties concerned.

(b) The information communicated under paragraphs (1) and (2) shall be
recorded as of the date of its receipt by the International Bureau, provided
that the communication complies with the applicable
requirements.

Rule 20bis
Licenses

(1) [Request for the Recording of a License]

(a) A request for the recording of a license shall be presented to the
International Bureau on the relevant official form by the holder or, if the
Office admits such presentation, by the Office of the Contracting Party of the
holder or the Office of a Contracting Party with respect to which the license
is granted.

(b) The request shall indicate

(i) the number of the international registration concerned,

(ii) the name of the holder,

(iii) the name and address of the licensee, given in accordance with the
Administrative Instructions,

(iv) the designated Contracting Parties with respect to which the license
is granted,

(v) that the license is granted for all the goods and services covered by
the international registration, or the goods and services for which the
license is granted, grouped in the appropriate classes of the International
Classification of Goods and Services.

(c) The request may also indicate

(i) where the licensee is a natural person, the State of which the
licensee is a national,

(ii) where the licensee is a legal entity, the legal nature of that
entity and the State and, where applicable, the territorial unit within that
State, under the law of which the said legal entity has been organized,

(iii) that the license concerns only a part of the territory of a
specified designated Contracting Party,

(iv) where the licensee has a representative, the name and address of the
representative, given in accordance with the Administrative
Instructions,

(v) where the license is an exclusive license or a sole license, that
fact,6

(vi) where applicable, the duration of the license.

(d) The request shall be signed by the holder or by the Office through
which it is presented.

(2) [Irregular Request]

(a) If the request for the recording of a license does not comply with the
requirements of paragraph (1)(a), (b) and (d), the International
Bureau shall notify that fact to the holder and, if the request was presented
by an Office, to that Office.

(b) If the irregularity is not remedied within three months from the date
of the notification of the irregularity by the International Bureau, the
request shall be considered abandoned, and the International Bureau shall
notify accordingly and at the same time the holder and, if the request was
presented by an Office, that Office, and refund any fees paid, after deduction
of an amount corresponding to one-half of the relevant fees referred to in
item 7 of the Schedule of Fees, to the party having paid those
fees.

(3) [Recording and Notification]

(a) Where the request complies with the requirements of
paragraph (1)(a), (b) and (d), the International Bureau shall record the
license in the International Register, together with the information contained
in the request, shall notify accordingly the Offices of the designated
Contracting Parties in respect of which the license is granted and shall
inform at the same time the holder and, if the request was presented by an
Office, that Office.

(b) The license shall be recorded as of the date of receipt by the
International Bureau of a request complying with the applicable
requirements.

(4) [Amendment or Cancellation of the Recording of a License]
Paragraphs (1) to (3) shall apply mutatis mutandis to a request
for the amendment or cancellation of the recording of a license.

(5) [Declaration That the Recording of a Given License Has No
Effect]

(a) The Office of a designated Contracting Party which is notified by the
International Bureau of the recording of a license in respect of that
Contracting Party may declare that such recording has no effect in the said
Contracting Party.

(b) The declaration referred to in subparagraph (a) shall indicate

(i) the reasons for which the recording of the license has no effect,

(ii) where the declaration does not affect all the goods and services to
which the license relates, those which are affected by the declaration or
those which are not affected by the declaration,

(iii) the corresponding essential provisions of the law, and

(iv) whether such declaration may be subject to review or
appeal.

(c) The declaration referred to in subparagraph (a) shall be sent to
the International Bureau before the expiry of 18 months from the date on which
the notification referred to in paragraph (3) was sent to the Office
concerned.

(d) The International Bureau shall record in the International Register any
declaration made in accordance with subparagraph (c) and shall notify
accordingly the party (holder or Office) that presented the request to record
the license. The declaration shall be recorded as of the date of receipt by
the International Bureau of a communication complying with the applicable
requirements.

(e) Any final decision relating to a declaration made in accordance with
subparagraph (c) shall be notified to the International Bureau which
shall record it in the International Register and notify accordingly the party
(holder or Office) that presented the request to record the
license.

(6) [Declaration That the Recording of Licenses in the International
Register Has No Effect in a Contracting Party

(a) The Office of a Contracting Party the law of which does not provide for
the recording of trademark licenses may notify the Director General that the
recording of licenses in the International Register has no effect in that
Contracting Party.

(b) The Office of a Contracting Party the law of which provides for the
recording of trademark licenses may, before the date on which this Rule comes
into force or the date on which the said Contracting Party becomes bound by
the Agreement or the Protocol, notify the Director General that the recording
of licenses in the International Register has no effect in that Contracting
Party. Such notification may be withdrawn at any time.7

Rule 21
Replacement of a
National or Regional Registration by an International
Registration

(1) [Notification] Where, in accordance with
Article 4bis(2) of the Agreement or Article 4bis(2)
of the Protocol, the Office of a designated Contracting Party has taken note in
its Register, following a request made direct by the holder with that Office,
that a national or a regional registration has been replaced by an international
registration, that Office shall notify the International Bureau accordingly.
Such notification shall indicate

(i) the number of the international registration concerned,

(ii) where the replacement concerns only one or some of the goods and
services listed in the international registration, those goods and services,
and

(iii) the filing date and number, the registration date and number, and,
if any, the priority date of the national or regional registration which has
been replaced by the international registration.

The notification may also include information relating to any other rights
acquired by virtue of that national or regional registration, in a form agreed
between the International Bureau and the Office concerned.

(2) [Recording]

(a) The International Bureau shall record the indications notified under
paragraph (1) in the International Register and shall inform the holder
accordingly.

(b) The indications notified under paragraph (1) shall be recorded as of
the date of receipt by the International Bureau of a notification complying
with the applicable requirements.

Rule 21bis
Other
Facts Concerning Seniority Claim

(1) [Final Refusal of Seniority Claim] Where a claim of seniority
has been recorded in the International Register in respect of the designation of
a Contracting Organization, the Office of that Organization shall notify the
International Bureau of any final decision refusing, in whole or in part, the
validity of such claim.

(2) [Seniority Claimed Subsequent to the International Registration]
Where the holder of an international registration designating a Contracting
Organization has, under the law of such Contracting Organization, claimed
directly with the Office of that Organization the seniority of one or more
earlier marks registered in, or for, a Member State of that Organization, and
where such claim has been accepted by the Office concerned, that Office shall
notify that fact to the International Bureau. Such notification shall
indicate:

(i) the number of the international registration concerned, and

(ii) the Member State or Member States in or for which the earlier mark
is registered, together with the date from which the registration of that
earlier mark was effective and the number of the relevant
registration.

(3) [Other Decisions Affecting Seniority Claim] The Office of a
Contracting Organization shall notify the International Bureau of any further
final decision, including withdrawal and cancellation, affecting a claim to
seniority which has been recorded in the International Register.

(4) [Recording in the International Register] The International
Bureau shall record in the International Register the information notified under
paragraphs (1) to (3).

Rule 22
Ceasing of Effect of
the Basic Application, of the Registration Resulting Therefrom, or of the
Basic Registration

(1) [Notification Relating to Ceasing of Effect of the Basic Application,
of the Registration Resulting Therefrom, or of the Basic Registration]

(a) Where Article 6(3) and (4) of the Agreement or
Article 6(3) and (4) of the Protocol, or both, apply, the Office of
origin shall notify the International Bureau accordingly and shall
indicate

(i) the number of the international registration,

(ii) the name of the holder,

(iii) the facts and decisions affecting the basic registration, or, where
the international registration concerned is based on a basic application
which has not resulted in a registration, the facts and decisions affecting
the basic application, or, where the international registration is based on
a basic application which has resulted in a registration, the facts and
decisions affecting that registration, and the effective date of those facts
and decisions, and

(iv) where the said facts and decisions affect the international
registration only with respect to some of the goods and services, those
goods and services which are affected by the facts and decisions or those
which are not affected by the facts and decisions.

(b) Where a judicial action referred to in Article 6(4) of the
Agreement, or a proceeding referred to in item (i), (ii) or (iii) of
Article 6(3) of the Protocol, began before the expiry of the five-year
period but has not, before the expiry of that period, resulted in the final
decision referred to in Article 6(4) of the Agreement, or in the final
decision referred to in the second sentence of Article 6(3) of the
Protocol or in the withdrawal or renunciation referred to in the third
sentence of Article 6(3) of the Protocol, the Office of origin shall,
where it is aware thereof and as soon as possible after the expiry of the said
period, notify the International Bureau accordingly.

(c) Once the judicial action or proceeding referred to in
subparagraph (b) has resulted in the final decision referred to in
Article 6(4) of the Agreement, in the final decision referred to in the
second sentence of Article 6(3) of the Protocol or in the withdrawal or
renunciation referred to in the third sentence of Article 6(3) of the
Protocol, the Office of origin shall, where it is aware thereof, promptly
notify the International Bureau accordingly and shall give the indications
referred to in subparagraph (a)(i) to (iv).

(2) [Recording and Transmittal of the Notification; Cancellation of the
International Registration]

(a) The International Bureau shall record any notification referred to in
paragraph (1) in the International Register and shall transmit a copy of
the notification to the Offices of the designated Contracting Parties and to
the holder.

(b) Where any notification referred to in paragraph (1)(a) or (c)
requests cancellation of the international registration and complies with the
requirements of that paragraph, the International Bureau shall cancel, to the
extent applicable, the international registration in the International
Register.

(c) Where the international registration has been cancelled in the
International Register in accordance with subparagraph (b), the
International Bureau shall notify the Offices of the designated Contracting
Parties and the holder of the following:

(i) the date on which the international registration was cancelled in the
International Register;

(ii) where the cancellation concerns all goods and services, that
fact;

(iii) where the cancellation concerns only some of the goods and
services, the goods and services indicated under paragraph
(1)(a)(iv).

Rule 23
Division or
Merger of the Basic Applications, of the Registrations Resulting
Therefrom, or of the Basic Registrations

(1) [Notification of the Division of the Basic Application or Merger of
the Basic Applications] Where, during the five-year period referred to in
Article 6(3) of the Protocol, the basic application is divided into two or
more applications, or several basic applications are merged into a single
application, the Office of origin shall notify the International Bureau
accordingly and shall indicate

(i) the number of the international registration or, if the international
registration has not yet been effected, the number of the basic
application,

(ii) the name of the holder or applicant,

(iii) the number of each application resulting from the division or the
number of the application resulting from the
merger.

(2) [Recording and Notification by the International Bureau] The
International Bureau shall record the notification referred to in
paragraph (1) in the International Register and shall notify the Offices of
the designated Contracting Parties and, at the same time, the holder.

(3) [Division or Merger of Registrations Resulting from Basic
Applications or of Basic Registrations] Paragraphs (1) and (2)
shall apply, mutatis mutandis, to the division of any registration or
merger of any registrations which resulted from the basic application or
applications during the five-year period referred to in Article 6(3) of the
Protocol and to the division of the basic registration or merger of the basic
registrations during the five-year period referred to in Article 6(3) of
the Agreement and in Article 6(3) of the Protocol.

Chapter 5
Subsequent
Designations; Changes

Rule 24Designation Subsequent
to the International Registration

(1) [Entitlement]

(a) A Contracting Party may be the subject of a designation made subsequent
to the international registration (hereinafter referred to as "subsequent
designation" where, at the time of that designation, the holder fulfills the
conditions, under Article 1(2) and 2 of the Agreement or under
Article 2 of the Protocol, to be the holder of an international
registration.

(b) Where the Contracting Party of the holder is bound by the Agreement,
the holder may designate, under the Agreement, any Contracting Party that is
bound by the Agreement, provided that the said Contracting Parties are not
both bound also by the Protocol.

(c) Where the Contracting Party of the holder is bound by the
Protocol, the holder may designate, under the Protocol, any Contracting Party
that is bound by the Protocol, whether or not the said Contracting Parties are
both also bound by the Agreement.

(2) [Presentation; Form and Signature]

(a) A subsequent designation shall be presented to the International Bureau
by the holder or by the Office of the Contracting Party of the holder;
however,

(i) [Deleted]

(ii) where any of the Contracting Parties are designated under the
Agreement, the subsequent designation must be presented by the Office of the
Contracting Party of the holder;

(iii) where paragraph (7) applies, the subsequent designation resulting
from conversion must be presented by the Office of the Contracting
Organization.

(b) The subsequent designation shall be presented on the official form in
one copy. Where it is presented by the holder, it shall be signed by the
holder. Where it is presented by an Office, it shall be signed by that Office
and, where the Office so requires, also by the holder. Where it is presented
by an Office and that Office, without requiring that the holder also sign it,
allows that the holder also sign it, the holder may do so.

(iv) where the subsequent designation is for all the goods and services
listed in the international registration concerned, that fact, or, where the
subsequent designation is for only part of the goods and services listed in
the international registration concerned, those goods and services,

(v) the amount of the fees being paid and the method of payment, or
instructions to debit the required amount of fees to an account opened with
the International Bureau, and the identification of the party effecting the
payment or giving the instructions, and,

(vi) where the subsequent designation is presented by an Office, the date
on which it was received by that Office.

(b) Where the subsequent designation concerns a Contracting Party that has
made a notification under Rule 7(2), that subsequent designation shall
also contain a declaration of intention to use the mark in the territory of
that Contracting Party; the declaration shall, as required by the said
Contracting Party,

(i) be signed by the holder himself and be made on a separate official
form annexed to the subsequent designation, or

(ii) be included in the subsequent designation.

(c) The subsequent designation may also contain

(i) the indications and translation or translations, as the case may be,
referred to in Rule 9(4)(b),

(ii) a request that the subsequent designation take effect after the
recording of a change or a cancellation in respect of the international
registration concerned or after the renewal of the international
registration,

(iii) where the subsequent designation concerns a Contracting
Organization, the indications referred to in Rule 9(5)(g)(i), which shall be
on a separate official form to be annexed to the subsequent designation, and
in Rule 9(5)(g)(ii).

(d) Where the international registration is based on a basic application, a
subsequent designation under the Agreement shall be accompanied by a
declaration, signed by the Office of origin, certifying that the said
application has resulted in a registration and indicating the date and number
of that registration, unless such a declaration has already been received by
the International Bureau.

(4) [Fees] The subsequent designation shall be subject to the
payment of the fees specified or referred to in item 5 of the Schedule of
Fees.

(5) [Irregularities]

(a) If the subsequent designation does not comply with the applicable
requirements, and subject to paragraph (10), the International Bureau
shall notify that fact to the holder and, if the subsequent designation was
presented by an Office, that Office.

(b) If the irregularity is not remedied within three months from the date
of the notification of the irregularity by the International Bureau, the
subsequent designation shall be considered abandoned, and the International
Bureau shall notify accordingly and at the same time the holder and, if the
subsequent designation was presented by an Office, that Office, and refund any
fees paid, after deduction of an amount corresponding to one-half of the basic
fee referred to in item 5.1 of the Schedule of Fees, to the party having
paid those fees.

(c) Notwithstanding subparagraphs (a) and (b), where the
requirements of paragraph (1)(b) or (c) are not complied with in
respect of one or more of the designated Contracting Parties, the subsequent
designation shall be deemed not to contain the designation of those
Contracting Parties, and any complementary or individual fees already paid in
respect of those Contracting Parties shall be reimbursed. Where the
requirements of paragraph (1)(b) or (c) are complied with in respect
of none of the designated Contracting Parties, subparagraph (b) shall
apply.

(6) [Date of Subsequent Designation]

(a) A subsequent designation presented by the holder direct to the
International Bureau shall, subject to subparagraph (c)(i), bear the date
of its receipt by the International Bureau.

(b) A subsequent designation presented to the International Bureau by an
Office shall, subject to subparagraph (c)(i), (d) and (e), bear the date
on which it was received by that Office, provided that the said designation
has been received by the International Bureau within a period of two months
from that date. If the subsequent designation has not been received by the
International Bureau within that period, it shall, subject to
subparagraph (c)(i), (d) and (e), bear the date of its receipt by the
International Bureau.

(c) Where the subsequent designation does not comply with the applicable
requirements and the irregularity is remedied within three months from the
date of the notification referred to in paragraph (5)(a),

(i) the subsequent designation shall, where the irregularity concerns any
of the requirements referred to in paragraph (3)(a)(i), (iii) and (iv)
and (b)(i), bear the date on which that designation is put in order, unless
the said designation was presented to the International Bureau by an Office
and the irregularity is remedied within the period of two months referred to
in subparagraph (b); in the latter case, the subsequent designation
shall bear the date on which it was received by the said Office;

(ii) the date applicable under subparagraph (a) or (b), as the
case may be, shall not be affected by an irregularity concerning
requirements other than those which are referred to in
paragraph (3)(a)(i), (iii) and (iv) and (b)(i).

(d) Notwithstanding subparagraphs (a), (b) and (c), where the
subsequent designation contains a request made in accordance with
paragraph (3)(c)(ii), it may bear a date which is later than that
resulting from subparagraph (a), (b) or (c).

(e) Where a subsequent designation results from conversion in accordance
with paragraph (7), that subsequent designation shall bear the date on which
the designation of the Contracting Organization was recorded in the
International Register.

(7) [Subsequent Designation Resulting From Conversion]

(a) Where the designation of a Contracting Organization has been recorded
in the International Register and to the extent that such designation has been
withdrawn, refused or has ceased to have effect under the law of that
Organization, the holder of the international registration concerned may
request the conversion of the designation of the said Contracting Organization
into the designation of any Member State of that Organization which is party
to the Agreement and/or the Protocol.

(b) A request for conversion under subparagraph (a) shall indicate the
elements referred to in paragraph (3)(a)(i) to (iii) and (v), together
with:

(i) the Contracting Organization whose designation is to be converted,
and

(ii) where the subsequent designation of a Contracting State resulting
from conversion is for all the goods and services listed in respect of the
designation of the Contracting Organization, that fact, or, where the
designation of that Contracting State is for only part of the goods and
services listed in the designation of that Contracting Organization, those
goods and services.

(8) [Recording and Notification] Where the International Bureau
finds that the subsequent designation conforms to the applicable requirements,
it shall record it in the International Register and shall notify accordingly
the Office of the Contracting Party that has been designated in the subsequent
designation and at the same time inform the holder and, if the subsequent
designation was presented by an Office, that Office.

(9) [Refusal] Rules 16 to 18ter shall apply
mutatis mutandis.

(10) [Subsequent Designation Not Considered as Such] If the
requirements of paragraph (2)(a) are not complied with, the subsequent
designation shall not be considered as such and the International Bureau shall
inform the sender accordingly.

Rule 25
Request for Recording
of a Change; Request for Recording of a Cancellation

(1) [Presentation of the Request]

(a) A request for recording shall be presented to the International Bureau
on the relevant official form, in one copy, where the request relates to any
of the following:

(i) a change in the ownership of the international registration in
respect of all or some of the goods and services and all or some of the
designated Contracting Parties;

(ii) a limitation of the list of goods and services in respect of all or
some of the designated Contracting Parties;

(iii) a renunciation in respect of some of the designated Contracting
Parties for all the goods and services;

(iv) a change in the name or address of the holder;

(v) cancellation of the international registration in respect of all the
designated Contracting Parties for all or some of the goods and
services.

(b) Subject to subparagraph (c), the request shall be presented by the
holder or by the Office of the Contracting Party of the holder; however, the
request for the recording of a change in ownership may be presented through
the Office of the Contracting Party, or of one of the Contracting Parties,
indicated in the said request in accordance with
paragraph (2)(a)(iv).

(c) The request for the recording of a renunciation or a cancellation may
not be presented directly by the holder where the renunciation or cancellation
affects any Contracting Party whose designation is, on the date of receipt of
the request by the International Bureau, governed by the Agreement.

(d) Where the request is presented by the holder, it shall be signed by the
holder. Where it is presented by an Office, it shall be signed by that Office
and, where the Office so requires, also by the holder. Where it is presented
by an Office and that Office, without requiring that the holder also sign it,
allows that the holder also sign it, the holder may do so.

(2) [Contents of the Request]

(a) The request for the recording of a change or the request for the
recording of a cancellation shall, in addition to the requested change or
cancellation, contain or indicate

(i) the number of the international registration concerned,

(ii) the name of the holder, unless the change relates to the name or
address of the representative,

(iii) in the case of a change in the ownership of the international
registration, the name and address, given in accordance with the
Administrative Instructions, of the natural person or legal entity mentioned
in the request as the new holder of the international registration
(hereinafter referred to as "the transferee"),

(iv) in the case of a change in the ownership of the international
registration, the Contracting Party or Parties in respect of which the
transferee fulfills the conditions, under Articles 1(2) and 2 of
the Agreement or under Article 2 of the Protocol, to be the holder of
an international registration,

(v) in the case of a change in the ownership of the international
registration, where the address of the transferee given in accordance with
item (iii) is not in the territory of the Contracting Party, or of one
of the Contracting Parties, given in accordance with item (iv), and
unless the transferee has indicated that he is a national of a Contracting
State or of a State member of a Contracting Organization, the address of the
establishment, or the domicile, of the transferee in the Contracting Party,
or in one of the Contracting Parties, in respect of which the transferee
fulfills the conditions to be the holder of an international
registration,

(vi) in the case of a change in the ownership of the international
registration that does not relate to all the goods and services and to all
the designated Contracting Parties, the goods and services and the
designated Contracting Parties to which the change in ownership relates,
and

(vii) the amount of the fees being paid and the method of payment, or
instructions to debit the required amount of fees to an account opened with
the International Bureau, and the identification of the party effecting the
payment or giving the instructions.

(b) The request for the recording of a change in the ownership of the
international registration may also contain,

(i) where the transferee is a natural person, an indication of the State
of which the transferee is a national;

(ii) where the transferee is a legal entity, indications concerning the
legal nature of that legal entity and the State, and, where applicable, the
territorial unit within that State, under the law of which the said legal
entity has been organized.

(c) The request for recording of a change or a cancellation may also
contain a request that it be recorded before, or after, the recording of
another change or cancellation or a subsequent designation in respect of the
international registration concerned or after the renewal of the international
registration.

(3) [Request Not Admissible] A change in the ownership of an
international registration may not be recorded in respect of a given designated
Contracting Party if that Contracting Party

(i) is bound by the Agreement but not by the Protocol, and the
Contracting Party indicated under paragraph (2)(a)(iv) is not bound by
the Agreement, or none of the Contracting Parties indicated under that
paragraph is bound by the Agreement;

(ii) is bound by the Protocol but not by the Agreement, and the
Contracting Party indicated under paragraph (2)(a)(iv) is not bound by
the Protocol, or none of the Contracting Parties indicated under that
paragraph is bound by the Protocol.

(4) [Several Transferees] Where the request for the recording of a
change in the ownership of the international registration mentions several
transferees, that change may not be recorded in respect of a given designated
Contracting Party if any of the transferees does not fulfill the conditions to
be holder of the international registration in respect of that Contracting
Party.

Rule 26
Irregularities in
Requests for Recording of a Change and for Recording of a
Cancellation

(1) [Irregular Request] If the request for the recording of a
change, or the request for the recording of a cancellation, referred to in
Rule 25(1)(a) does not comply with the applicable requirements, and subject
to paragraph (3), the International Bureau shall notify that fact to the
holder and, if the request was made by an Office, to that Office.

(2) [Time Allowed to Remedy Irregularity] The irregularity may be
remedied within three months from the date of the notification of the
irregularity by the International Bureau. If the irregularity is not remedied
within three months from the date of the notification of the irregularity by the
International Bureau, the request shall be considered abandoned, and the
International Bureau shall notify accordingly and at the same time the holder
and, if the request for the recording of a change or the request for the
recording of a cancellation was presented by an Office, that Office, and refund
any fees paid, after deduction of an amount corresponding to one-half of the
relevant fees referred to in item 7 of the Schedule of Fees, to the party
having paid those fees.

(3) [Requests Not Considered as Such] If the requirements of
Rule 25(1)(b) or (c) are not complied with, the request shall not be
considered as such and the International Bureau shall inform the sender
accordingly.

Rule 27
Recording and
Notification of a Change or of a Cancellation;
Merger of International
Registrations; Declaration That a Change in Ownership or a Limitation Has No
Effect

(1) [Recording and Notification of a Change or of a
Cancellation]

(a) The International Bureau shall, provided that the request referred to
in Rule 25(1)(a) is in order, promptly record the change or the
cancellation in the International Register, shall notify accordingly the
Offices of the designated Contracting Parties in which the change has effect
or, in the case of a cancellation, the Offices of all the designated
Contracting Parties, and shall inform at the same time the holder and, if the
request was presented by an Office, that Office. Where the recording relates
to a change in ownership, the International Bureau shall also inform the
former holder in the case of a total change in ownership and the holder of the
part of the international registration which has been assigned or otherwise
transferred in the case of a partial change in ownership. Where the request
for the recording of a cancellation was presented by the holder or by an
Office other than the Office of origin during the five-year period referred to
in Article 6(3) of the Agreement and Article 6(3) of the Protocol,
the International Bureau shall also inform the Office of origin.

(b) The change or the cancellation shall be recorded as of the
date of receipt by the International Bureau of a request complying with the
applicable requirements, except that, where a request has been made in
accordance with Rule 25(2)(c), it may be recorded as of a later
date.

(2) [Deleted]

(3) [Recording of Merger of International Registrations] Where the
same natural person or legal entity has been recorded as the holder of two or
more international registrations resulting from a partial change in ownership,
the registrations shall be merged at the request of the said person or entity,
made either direct or through the Office of the Contracting Party of the holder.
The International Bureau shall notify accordingly the Offices of the designated
Contracting Parties affected by the change and shall inform at the same time the
holder and, if the request was presented by an Office, that Office.

(4) [Declaration That a Change in Ownership Has No Effect]

(a) The Office of a designated Contracting Party which is notified, by
the International Bureau, of a change in ownership affecting that Contracting
Party may declare that the change in ownership has no effect in the said
Contracting Party. The effect of such a declaration shall be that, with
respect to the said Contracting Party, the international registration
concerned shall remain in the name of the transferor.

(b) The declaration referred to in subparagraph (a) shall indicate

(i) the reasons for which the change in ownership has no effect,

(ii) the corresponding essential provisions of the law, and

(iii) whether such declaration may be subject to review or
appeal.

(c) The declaration referred to in subparagraph (a) shall be sent to
the International Bureau before the expiry of 18 months from the date on which
the notification referred to in subparagraph (a) was sent to the Office
concerned.

(d) The International Bureau shall record in the International Register any
declaration made in accordance with subparagraph (c) and, as the case may
be, record as a separate international registration that part of the
international registration which has been the subject of the said declaration,
and shall notify accordingly the party (holder or Office) that presented the
request for the recording of a change in ownership and the new holder.

(e) Any final decision relating to a declaration made in accordance with
subparagraph (c) shall be notified to the International Bureau which
shall record it in the International Register and, as the case may be, modify
the International Register accordingly, and shall notify accordingly the party
(holder or Office) that presented the request for the recording of a change in
ownership and the new holder.

(5) [Declaration That a Limitation Has No Effect]

(a) The Office of a designated Contracting Party which is notified by the
International Bureau of a limitation of the list of goods and services
affecting that Contracting Party may declare that the limitation has no effect
in the said Contracting Party. The effect of such a declaration shall be that,
with respect to the said Contracting Party, the limitation shall not apply to
the goods and services affected by the declaration.

(b) The declaration referred to in subparagraph (a) shall indicate

(i) the reasons for which the limitation has no effect,

(ii) where the declaration does not affect all the goods and services to
which the limitation relates, those which are affected by the declaration or
those which are not affected by the declaration,

(iii) the corresponding essential provisions of the law, and

(iv) whether such declaration may be subject to review or
appeal.

(c) The declaration referred to in subparagraph (a) shall be sent to
the International Bureau before the expiry of 18 months from the date on which
the notification referred to in subparagraph (a) was sent to the Office
concerned.

(d) The International Bureau shall record in the International Register any
declaration made in accordance with subparagraph (c) and shall notify
accordingly the party (holder or Office) that presented the request to record
the limitation.

(e) Any final decision relating to a declaration made in accordance with
subparagraph (c) shall be notified to the International Bureau which
shall record it in the International Register and notify accordingly the party
(holder or Office) that presented the request to record the
limitation.

Rule 28
Corrections in
the International Register

(1) [Correction] Where the International Bureau, acting
ex officio or at the request of the holder or of an Office,
considers that there is an error concerning an international registration in the
International Register, it shall modify the Register accordingly.

(2) [Notification] The International Bureau shall notify accordingly
the holder and, at the same time, the Offices of the designated Contracting
Parties in which the correction has effect. In addition, where the Office that
has requested the correction is not the Office of a designated Contracting Party
in which the correction has effect, the International Bureau shall also inform
that Office.

(3) [Refusal Following a Correction] Any Office referred to in
paragraph (2) shall have the right to declare in a notification of
provisional refusal addressed to the International Bureau that it considers that
protection cannot, or can no longer, be granted to the international
registration as corrected. Article 5 of the Agreement or Article 5 of
the Protocol and Rules 16 to 18ter shall apply
mutatis mutandis, it being understood that the period allowed for
sending the said notification shall be counted from the date of sending the
notification of the correction to the Office concerned.

(4) [Time Limit for Correction] Notwithstanding paragraph (1),
an error which is attributable to an Office and the correction of which would
affect the rights deriving from the international registration may be corrected
only if a request for correction is received by the International Bureau within
nine months from the date of publication of the entry in the International
Register which is the subject of the correction.

Chapter
6
Renewals

Rule 29Unofficial Notice of
Expiry

The fact that the unofficial notice referred to in Article 7(4) of the
Agreement and Article 7(3) of the Protocol is not received shall not
constitute an excuse for failure to comply with any time limit under
Rule 30.

Rule 30
Details Concerning
Renewal

(1) [Fees]

(a) The international registration shall be renewed upon payment, at the
latest on the date on which the renewal of the international registration is
due, of

(i) the basic fee,

(ii) where applicable, the supplementary fee, and,

(iii) the complementary fee or individual fee, as the case may be, for
each designated Contracting Party for which no refusal or invalidation is
recorded in the International Register in respect of all the goods and
services concerned, as specified or referred to in item 6 of the
Schedule of Fees. However, such payment may be made within six months from
the date on which the renewal of the international registration is due,
provided that the surcharge specified in item 6.5 of the Schedule of
Fees is paid at the same time.

(b) If any payment made for the purposes of renewal is received by the
International Bureau earlier than three months before the date on which the
renewal of the international registration is due, it shall be considered as
having been received three months before the date on which renewal is
due.

(2) [Further Details]

(a) Where the holder does not wish to renew the international registration
in respect of a designated Contracting Party for which no refusal is recorded
in the International Register in respect of all the goods and services
concerned, payment of the required fees shall be accompanied by a statement
that the renewal of the international registration is not to be recorded in
the International Register in respect of that Contracting Party.

(b) Where the holder wishes to renew the international registration in
respect of a designated Contracting Party notwithstanding the fact that a
refusal is recorded in the International Register for that Contracting Party
in respect of all the goods and services concerned, payment of the required
fees, including the complementary fee or individual fee, as the case may be,
for that Contracting Party, shall be accompanied by a statement that the
renewal of the international registration is to be recorded in the
International Register in respect of that Contracting Party.

(c) The international registration may not be renewed in respect of any
designated Contracting Party in respect of which an invalidation has been
recorded for all goods and services under Rule 19(2) or in respect of
which a renunciation has been recorded under Rule 27(1)(a). The
international registration may not be renewed in respect of any designated
Contracting Party for those goods and services in respect of which an
invalidation of the effects of the international registration in that
Contracting Party has been recorded under Rule 19(2) or in respect of
which a limitation has been recorded under Rule 27(1)(a).

(d) The fact that the international registration is not renewed in respect
of all of the designated Contracting Parties shall not be considered to
constitute a change for the purposes of Article 7(2) of the Agreement or
Article 7(2) of the Protocol.

(3) [Insufficient Fees]

(a) If the amount of the fees received is less than the amount of the fees
required for renewal, the International Bureau shall promptly notify at the
same time both the holder and the representative, if any, accordingly. The
notification shall specify the missing amount.

(b) If the amount of the fees received is, on the expiry of the period of
six months referred to in paragraph (1)(a), less than the amount required
under paragraph (1), the International Bureau shall not, subject to
subparagraph (c), record the renewal, and shall reimburse the amount
received to the party having paid it and notify accordingly the holder and the
representative, if any.

(c) If the notification referred to in subparagraph (a) was sent
during the three months preceding the expiry of the period of six months
referred to in paragraph (1)(a) and if the amount of the fees received
is, on the expiry of that period, less than the amount required under
paragraph (1) but is at least 70% of that amount, the International
Bureau shall proceed as provided in Rule 31(1) and (3). If the
amount required is not fully paid within three months from the said
notification, the International Bureau shall cancel the renewal, notify
accordingly the holder, the representative, if any, and the Offices which had
been notified of the renewal, and reimburse the amount received to the party
having paid it.

(4) [Period for Which Renewal Fees Are Paid] The fees required for
each renewal shall be paid for ten years, irrespective of the fact that the
international registration contains, in the list of designated Contracting
Parties, only Contracting Parties whose designation is governed by the
Agreement, only Contracting Parties whose designation is governed by the
Protocol, or both Contracting Parties whose designation is governed by the
Agreement and Contracting Parties whose designation is governed by the Protocol.
As regards payments under the Agreement, the payment for ten years shall be
considered to be a payment for an instalment of ten years.

Rule 31
Recording of the
Renewal; Notification and Certificate

(1) [Recording and Effective Date of the Renewal] Renewal shall be
recorded in the International Register with the date on which renewal was due,
even if the fees required for renewal are paid within the period of grace
referred to in Article 7(5) of the Agreement and in Article 7(4) of
the Protocol.

(2) [Renewal Date in the Case of Subsequent Designations] The
effective date of the renewal shall be the same for all designations contained
in the international registration, irrespective of the date on which such
designations were recorded in the International Register.

(3) [Notification and Certificate] The International Bureau shall
notify the Offices of the designated Contracting Parties concerned of the
renewal and shall send a certificate to the holder.

(4) [Notification in Case of Non-Renewal]

(a) Where an international registration is not renewed, the International
Bureau shall notify accordingly the Offices of all of the Contracting Parties
designated in that international registration.

(b) Where an international registration is not renewed in respect of a
designated Contracting Party, the International Bureau shall notify the Office
of that Contracting Party accordingly.

Chapter 7
Gazette and Data
Base

Rule 32Gazette

(1) [Information Concerning International Registrations]

(a) The International Bureau shall publish in the Gazette relevant data
concerning

(i) international registrations effected under Rule 14;

(ii) information communicated under Rule 16(1);

(iii) provisional refusals recorded under Rule 17(4), with an
indication as to whether the refusal relates to all the goods and services
or only some of them but without an indication of the goods and services
concerned and without the grounds for refusal, and statements and
information recorded under Rule 18bis(2)
and 18ter(5);

(iv) renewals recorded under Rule 31(1);

(v) subsequent designations recorded under Rule 24(8);

(vi) continuation of effects of international registrations under Rule
39;

(vii) changes in ownership, limitations, renunciations and changes of
name or address of the holder recorded under Rule 27;

(viii) cancellations effected under Rule 22(2) or recorded under
Rule 27(1) or Rule 34(3)(d);

(b) The reproduction of the mark shall be published as it appears in the
international application. Where the applicant has made the declaration
referred to in Rule 9(4)(a)(vi), the publication shall indicate that
fact.

(c) Where a color reproduction of the mark is furnished under Rule
9(4)(a)(v) or (vii), the Gazette shall contain both a reproduction of the
mark in black and white and the reproduction in color.

(2) [Information Concerning Particular Requirements and Certain
Declarations of Contracting Parties] The International Bureau shall publish
in the Gazette

(i) any notification made under Rule 7 or Rule 20bis(6) and
any declaration made under Rule 17(5)(d) or (e);

(ii) any declarations made under Article 5(2)(b) or
Article 5(2)(b) and (c), first sentence, of the Protocol;

(iii) any declarations made under Article 8(7) of the Protocol;

(iv) any notification made under Rule 34(2)(b) or (3)(a);

(v) a list of the days on which the International Bureau is not scheduled
to be open to the public during the current and the following calendar
year.

(3) The Gazette shall be published on the website of the World Intellectual
Property Organization.

Rule 33
Electronic Data
Base

(1) [Contents of Data Base] The data which are both recorded in the
International Register and published in the Gazette under Rule 32 shall be
entered in an electronic data base.

(2) [Data Concerning Pending International Applications and Subsequent
Designations] If an international application or a designation under
Rule 24 is not recorded in the International Register within three working
days following the receipt by the International Bureau of the international
application or designation, the International Bureau shall enter in the
electronic data base, notwithstanding any irregularities that may exist in the
international application or designation as received, all the data contained in
the international application or designation.

(3) [Access to Electronic Data Base] The electronic data base shall
be made accessible to the Offices of the Contracting Parties and, against
payment of the prescribed fee, if any, to the public, by on-line access and
through other appropriate means determined by the International Bureau. The cost
of accessing shall be borne by the user. Data entered under paragraph (2)
shall be accompanied by a warning to the effect that the International Bureau
has not yet made a decision on the international application or on the
designation under Rule 24.

Chapter 8
Fees

Rule 34Amounts and Payment
of Fees

(1) [Amounts of Fees] The amounts of fees due under the Agreement,
the Protocol or these Regulations, other than individual fees, are specified in
the Schedule of Fees that is annexed to these Regulations and forms an integral
part thereof.

(2) [Payments]

(a) The fees indicated in the Schedule of Fees may be paid to the
International Bureau by the applicant or the holder, or, where the Office of
the Contracting Party of the holder accepts to collect and forward such fees,
and the applicant or the holder so wishes, by that Office.

(b) Any Contracting Party whose Office accepts to collect and forward fees
shall notify that fact to the Director General.

(3) [Individual Fee Payable in Two Parts]

(a) A Contracting Party that makes or has made a declaration under
Article 8(7) of the Protocol may notify the Director General that the
individual fee to be paid in respect of a designation of that Contracting
Party comprises two parts, the first part to be paid at the time of filing the
international application or the subsequent designation of that Contracting
Party and the second part to be paid at a later date which is determined in
accordance with the law of that Contracting Party.

(b) Where subparagraph (a) applies, the references in items 2, 3 and 5
of the Schedule of Fees to an individual fee shall be construed as references
to the first part of the individual fee.

(c) Where subparagraph (a) applies, the Office of the designated
Contracting Party concerned shall notify the International Bureau when the
payment of the second part of the individual fee becomes due. The notification
shall indicate

(i) the number of the international registration concerned,

(ii) the name of the holder,

(iii) the date by which the second part of the individual fee must be
paid,

(iv) where the amount of the second part of the individual fee is
dependent on the number of classes of goods and services for which the mark
is protected in the designated Contracting Party concerned, the number of
such classes.

(d) The International Bureau shall transmit the notification to the holder.
Where the second part of the individual fee is paid within the applicable
period, the International Bureau shall record the payment in the International
Register and notify the Office of the Contracting Party concerned accordingly.
Where the second part of the individual fee is not paid within the applicable
period, the International Bureau shall notify the Office of the Contracting
Party concerned, cancel the international registration in the International
Register with respect to the Contracting Party concerned and notify the holder
accordingly.

(4) [Modes of Payment of Fees to the International Bureau] Fees
shall be paid to the International Bureau as specified in the Administrative
Instructions.

(5) [Indications Accompanying the Payment] At the time of the
payment of any fee to the International Bureau, an indication must be given,

(i) before international registration, of the name of the applicant, the
mark concerned and the purpose of the payment;

(ii) after international registration, of the name of the holder, the
number of the international registration concerned and the purpose of the
payment.

(6) [Date of Payment]

(a) Subject to Rule 30(1)(b) and to subparagraph (b), any fee
shall be considered to have been paid to the International Bureau on the day
on which the International Bureau receives the required amount.

(b) Where the required amount is available in an account opened with the
International Bureau and that Bureau has received instructions from the holder
of the account to debit it, the fee shall be considered to have been paid to
the International Bureau on the day on which the International Bureau receives
an international application, a subsequent designation, an instruction to
debit the second part of an individual fee, a request for the recording of a
change or an instruction to renew an international
registration.

(7) [Change in the Amount of the Fees]

(a) Where the amount of the fees payable in respect of the filing of an
international application is changed between, on the one hand, the date on
which the request to present the international application to the
International Bureau is received, or is deemed to have been received under
Rule 11(1)(a) or (c), by the Office of origin and, on the other
hand, the date of the receipt of the international application by the
International Bureau, the fee that was valid on the first date shall be
applicable.

(b) Where a designation under Rule 24 is presented by the Office of
the Contracting Party of the holder and the amount of the fees payable in
respect of that designation is changed between, on the one hand, the date of
receipt, by the Office, of the request by the holder to present the said
designation and, on the other hand, the date on which the designation is
received by the International Bureau, the fee that was valid on the first date
shall be applicable.

(c) Where paragraph (3)(a) applies, the amount of the second part of the
individual fee which is valid on the later date referred to in that paragraph
shall be applicable.

(d) Where the amount of the fees payable in respect of the renewal of an
international registration is changed between the date of payment and the due
date of the renewal, the fee that was valid on the date of payment, or on the
date considered to be the date of payment under Rule 30(1)(b), shall be
applicable. Where the payment is made after the due date, the fee that was
valid on the due date shall be applicable.

(e) Where the amount of any fee other than the fees referred to in
subparagraphs (a), (b), (c) and (d) is changed, the amount valid on
the date on which the fee was received by the International Bureau shall be
applicable.

Rule 35
Currency of
Payments

(1) [Obligation to Use Swiss Currency] All payments due under these
Regulations shall be made to the International Bureau in Swiss currency
irrespective of the fact that, where the fees are paid by an Office, that Office
may have collected those fees in another currency.

(2) [Establishment of the Amount of Individual Fees in Swiss
Currency]

(a) Where a Contracting Party makes a declaration under
Article 8(7)(a) of the Protocol that it wants to receive an individual
fee, the amount of the individual fee indicated to the International Bureau
shall be expressed in the currency used by its Office.

(b) Where the fee is indicated in the declaration referred to in
subparagraph (a) in a currency other than Swiss currency, the Director
General shall, after consultation with the Office of the Contracting Party
concerned, establish the amount of the individual fee in Swiss currency on the
basis of the official exchange rate of the United Nations.

(c) Where, for more than three consecutive months, the official exchange
rate of the United Nations between the Swiss currency and the other currency
in which the amount of an individual fee has been indicated by a Contracting
Party is higher or lower by at least 5% than the last exchange rate applied to
establish the amount of the individual fee in Swiss currency, the Office of
that Contracting Party may ask the Director General to establish a new amount
of the individual fee in Swiss currency according to the official exchange
rate of the United Nations prevailing on the day preceding the day on which
the request is made. The Director General shall proceed accordingly. The new
amount shall be applicable as from a date which shall be fixed by the Director
General, provided that such date is between one and two months after the date
of the publication of the said amount in the Gazette.

(d) Where, for more than three consecutive months, the official exchange
rate of the United Nations between the Swiss currency and the other currency
in which the amount of an individual fee has been indicated by a Contracting
Party is lower by at least 10% than the last exchange rate applied to
establish the amount of the individual fee in Swiss currency, the Director
General shall establish a new amount of the individual fee in Swiss currency
according to the current official exchange rate of the United Nations. The new
amount shall be applicable as from a date which shall be fixed by the Director
General, provided that such date is between one and two months after the date
of the publication of the said amount in the Gazette.

Rule 36
Exemption From
Fees

Recording of the following shall be exempt from fees:

(i) the appointment of a representative, any change concerning a
representative and the cancellation of the recording of a
representative,

(ii) any change concerning the telephone and telefacsimile numbers of the
holder,

(iii) the cancellation of the international registration,

(iv) any renunciation under Rule 25(1)(a)(iii),

(v) any limitation effected in the international application itself under
Rule 9(4)(a)(xiii) or in a subsequent designation under
Rule 24(3)(a)(iv),

(vi) any request by an Office under Article 6(4), first sentence, of
the Agreement or Article 6(4), first sentence, of the Protocol,

(vii) the existence of a judicial proceeding or of a final decision
affecting the basic application, or the registration resulting therefrom, or
the basic registration,

(viii) any refusal under Rule 17, Rule 24(9) or
Rule 28(3), any statement under Rules 18bis or
18ter or any declaration under Rule 20bis(5) or
Rule 27(4) or (5),

(ix) the invalidation of the international registration,

(x) information communicated under Rule 20,

(xi) any notification under Rule 21 or Rule 23,

(xii) any correction in the International
Register.

Rule 37
Distribution of
Supplementary Fees and Complementary Fees

(1) The coefficient referred to in Article 8(5) and (6) of the
Agreement and Article 8(5) and (6) of the Protocol shall be as
follows:

for Contracting Parties which examine only for absolute grounds of
refusal......... two

for Contracting Parties which also examine for prior rights:

(a) following opposition by third
parties....................................................... three

(2) Coefficient four shall also be applied to Contracting Parties which carry
out ex officio searches for prior rights with an indication of the most
significant prior rights.

Rule 38
Crediting of
Individual Fees to the Accounts of the Contracting Parties
Concerned

Any individual fee paid to the International Bureau in respect of a
Contracting Party having made a declaration under Article 8(7)(a) of the
Protocol shall be credited to the account of that Contracting Party with the
International Bureau within the month following the month in the course of which
the recording of the international registration, subsequent designation or
renewal for which that fee has been paid was effected or the payment of the
second part of the individual fee was recorded.

Chapter
9
Miscellaneous

Rule 39
Continuation of
Effects of International Registrations in Certain Successor
States

(1) Where any State ("the successor State") whose territory was, before the
independence of that State, part of the territory of a Contracting Party ("the
predecessor Contracting Party") has deposited with the Director General a
declaration of continuation the effect of which is that the Agreement, the
Protocol, or both the Agreement and the Protocol are applied by the successor
State, the effects in the successor State of any international registration with
a territorial extension to the predecessor Contracting Party which is effective
from a date prior to the date fixed under paragraph (2) shall be subject to

(i) the filing with the International Bureau, within six months from the
date of a notice addressed for that purpose by the International Bureau to
the holder of the international registration concerned, of a request that
such international registration continue its effects in the successor State,
and

(ii) the payment to the International Bureau, within the same time limit,
of a fee of 41 Swiss francs, which shall be transferred by the International
Bureau to the Office of the successor State, and of a fee of 23 Swiss francs
for the benefit of the International Bureau.

(2) The date referred to in paragraph (1) shall be the date notified by the
successor State to the International Bureau for the purposes of this Rule,
provided that such date may not be earlier than the date of independence of the
successor State.

(3) The International Bureau shall, upon receipt of the request and the fees
referred to in paragraph (1), notify the Office of the successor State and make
the corresponding recording in the International Register.

(4) With respect to any international registration concerning which the
Office of the successor State has received a notification under paragraph (3),
that Office may only refuse protection if the applicable time limit referred to
in Article 5(2) of the Agreement or in Article 5(2)(a), (b) or (c) of the
Protocol has not expired with respect to the territorial extension to the
predecessor Contracting Party and if the notification of refusal is received by
the International Bureau within that time limit.

(5) This Rule shall not apply to the Russian Federation, nor to a State which
has deposited with the Director General a declaration according to which it
continues the legal personality of a Contracting Party.

Rule 40
Entry into Force;
Transitional Provisions

(1) [Entry into Force] These Regulations shall enter into force on
April 1, 1996, and shall, as of that date, replace the Regulations
under the Agreement as in force on March 31, 1996 (hereinafter
referred to as "the Regulations under the Agreement").

(2) [General Transitional Provisions]

(a) Notwithstanding paragraph (1),

(i) an international application the request for presentation to the
International Bureau of which was received, or is deemed to have been
received under Rule 11(1)(a) or (c), by the Office of origin
before April 1, 1996, shall, to the extent that it conforms to the
requirements of the Regulations under the Agreement, be deemed to conform to
the applicable requirements for the purposes of Rule 14;

(ii) a request for the recording of a change under Rule 20 of the
Regulations under the Agreement sent by the Office of origin or by another
interested Office to the International Bureau before
April 1, 1996, or, where such date can be identified, whose date
of receipt by the Office of origin or by another interested Office for
presentation to the International Bureau is earlier than
April 1, 1996, shall, to the extent that it conforms to the
requirements of the Regulations under the Agreement, be deemed to conform to
the applicable requirements for the purposes of Rule 24(7) or to be in
order for the purposes of Rule 27;

(iii) an international application, or a request for the recording of a
change under Rule 20 of the Regulations under the Agreement, that,
before April 1, 1996, has been the subject of any action by the
International Bureau under Rules 11, 12, 13 or 21 of the
Regulations under the Agreement, shall continue to be processed by the
International Bureau under the said Rules; the date of the resulting
international registration or recording in the International Register shall
be governed by Rule 15 or 22 of the Regulations under the
Agreement;

(iv) a notification of refusal or a notification of invalidation sent by
the Office of a designated Contracting Party before April 1, 1996, shall, to
the extent that it conforms to the requirements of the Regulations under the
Agreement, be deemed to conform to the applicable requirements for the
purposes of Rule 17(4) and (5) or of
Rule 19(2).

(b) For the purposes of Rule 34(7), the fees valid at any date before
April 1, 1996, shall be the fees prescribed by Rule 32 of the
Regulations under the Agreement.

(c) Notwithstanding Rule 10(1), where, in accordance with
Rule 34(7)(a), the fees paid in respect of the filing of an international
application are the fees prescribed for 20 years by Rule 32 of the
Regulations under the Agreement, no second instalment shall be due.

(d) Where, in accordance with Rule 34(7)(b), the fees paid in respect
of a subsequent designation are the fees prescribed by Rule 32 of the
Regulations under the Agreement, paragraph (3) shall not
apply.

(3) [Transitional Provisions Applicable to International Registrations
for Which Fees Have Been Paid for 20 Years]

(a) Where an international registration for which the required fees had
been paid for 20 years is the subject of a subsequent designation
under Rule 24 and where the current term of protection of that
international registration expires more than ten years after the effective
date of the subsequent designation as determined in accordance with
Rule 24(6), the provisions of subparagraphs (b) and (c) shall
apply.

(b) Six months before the expiry of the first period of ten years of the
current term of protection of the international registration, the
International Bureau shall send to the holder and his representative, if any,
a notice indicating the exact date of expiry of the first period of ten years
and the Contracting Parties which were the subject of subsequent designations
referred to in subparagraph (a). Rule 29 shall apply mutatis
mutandis.

(c) Payment of complementary and individual fees corresponding to the fees
referred to in Rule 30(1)(iii) shall be required for the second period of
ten years in respect of the subsequent designations referred to in
subparagraph (a). Rule 30(1) and (3) shall apply mutatis
mutandis.

(d) The International Bureau shall record in the International Register the
fact that payment has been made to the International Bureau for the second
period of ten years. The date of recording shall be the date of expiry of the
first period of ten years, even if the fees required are paid within the
period of grace referred to in Article 7(5) of the Agreement and in
Article 7(4) of the Protocol.

(e) The International Bureau shall notify the Offices of the designated
Contracting Parties concerned of the fact that payment has or has not been
made for the second period of ten years and shall at the same time inform the
holder.

(4) [Transitional Provisions Concerning Languages]

(a) Rule 6 as in force before April 1, 2004, shall
continue to apply to any international application filed before that date and
to any international application governed exclusively by the Agreement filed
between that date and August 31, 2008, inclusively, to any communication
relating thereto and to any communication, recording in the International
Register or publication in the Gazette relating to the international
registration resulting therefrom, unless

(i) the international registration has been the subject of a
subsequent designation under the Protocol between April 1, 2004, and August
31, 2008; or

(ii) the international registration is the subject of a subsequent
designation on or after September 1, 2008; and

(iii) the subsequent designation is recorded in the International
Register.

(b) For the purposes of this paragraph, an international
application is deemed to be filed on the date on which the request to present
the international application to the International Bureau is received, or
deemed to have been received under Rule 11(1)(a) or (c), by the Office of
origin, and an international registration is deemed to be the subject of
a subsequent designation on the date on which the subsequent designation
is presented to the International Bureau, if it is presented directly by the
holder, or on the date on which the request for presentation of the subsequent
designation is filed with the Office of the Contracting Party of the holder if
it is presented through the latter.

(a) The Director General shall establish Administrative Instructions. The
Director General may modify them. Before establishing or modifying the
Administrative Instructions, the Director General shall consult the Offices
which have a direct interest in the proposed Administrative Instructions or
their proposed modification.

(b) The Administrative Instructions shall deal with matters in respect of
which these Regulations expressly refer to such Instructions and with details
in respect of the application of these Regulations.

(2) [Control by the Assembly] The Assembly may invite the Director
General to modify any provision of the Administrative Instructions, and the
Director General shall proceed accordingly.

(3) [Publication and Effective Date]

(a) The Administrative Instructions and any modification thereof shall be
published in the Gazette.

(b) Each publication shall specify the date on which the published
provisions become effective. The dates may be different for different
provisions, provided that no provision may be declared effective prior to its
publication in the Gazette.

(4) [Conflict with the Agreement, the Protocol or These Regulations]
In the case of conflict between, on the one hand, any provision of the
Administrative Instructions and, on the other hand any provision of the
Agreement, the Protocol or these Regulations, the latter shall prevail.

1 In adopting this provision, the Assembly of the Madrid
Union understood that if the opposition period is extendable, the Office may
communicate only the date the opposition period begins.

2 Interpretative statement endorsed by the Assembly of the
Madrid Union:

"The references in Rule 18bis to observations by
third parties apply only to those Contracting Parties whose legislation
provides for such observations."

3 In adopting this provision, the Assembly of the Madrid
Union understood that a statement of grant of protection could concern several
international registrations and take the form of a list, communicated
electronically or on paper, that permits identification of these international
registrations.

4 In adopting paragraphs (1) and (2) of this rule, the
Assembly of the Madrid Union understood that where Rule 34(3) applies, the
grant of protection will be subject to the payment of the second part of the
fee.

5 Interpretative statement endorsed by the Assembly of the
Madrid Union:

"The reference in Rule 18ter(4) to a further decision that
affects the protection of the mark includes also the case where that further
decision is taken by the Office, for example in the case of restitutio in
integrum, notwithstanding the fact that the Office has already stated
that the procedures before the Office have been completed."

6 Interpretative statement endorsed by the Assembly of
the Madrid Union:

"Where a request to record a license does not include the indication,
provided for in Rule 20bis(1)(c)(v), that the license is
exclusive or sole, it may be considered that the license is
non-exclusive."

7 Interpretative statement endorsed by the Assembly of
the Madrid Union:

"Subparagraph (a) of Rule 20bis(6) deals with the case
of a notification by a Contracting Party whose law does not provide for the
recording of trademark licenses; such a notification may be made at any time;
subparagraph (b) on the other hand deals with the case of a notification
by a Contracting Party whose law does provide for the recording of trademark
licenses but which is unable at present to give effect to the recording of a
license in the International Register; this latter notification, which may be
withdrawn at any time, may only be made before this Rule has come into force
or before the Contracting Party has become bound by the Agreement or the
Protocol."